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HomeMy WebLinkAbout1980/04/30 - Agenda Packeti' n_ �� � � �, ,� �,, �„ z� �� „ ,�, �„ � �., .r , ;;��, ,,. „ ,� h' h' 1 0 U T Y OF RANU-10 CUC:ANKX%JGA I'LANNING COMMMION r AICLNE A. r Pin WEDNESDAY, APRIL. 70, 1980, 7100 P.M. LION'S PARK COMMUNITY CENTER 9161 BASE LINE, RANC110 CUCAMONGA, CALIFORNIA ADJOURNED MEETING 1. Pledge of Allegiance I1. Roll. Call Commissioner Dahl Commisaiuner Garcia Commissioner .Jones III. New Business Commissioner Rempel Commissioner To1.stoy_ _ A. ZONING ORDINANCE. AMENDMENT NO. I10 -01 - CONDO CONVMiSION - The development of a condominium conversion ordinance IV. Adjournment - The planning Commission has adopted Administrative Regulations that set au 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. Date: To: From: CITY OF RANCHO CUCAMONGA STAFF REPORT April 30, 1980 i'lnnning Commission Jack Lnm, Director of Community development Subject: ZONING ORDINANCE development of a No. 80 -01 - CONDO CONVERSION - The conversion ordinnnce An the Commission will recall, about four weeks ago we continued the dlscunsion on Condo Conversions to April 30, 1980. The purpose of thin meeting is to dim - cuss the necessity or need for a condo conversion ordinance. Attnched find n copy of the ordinance. Plense be prepared to discunn all issues at length. The meeting will be at the Forum, Lion's Park Community Center, 9161 Base Line Rancho Cucamonga, at 7:00 p.m. We anticipate n couple of hours for the meeting. Should you have any questions prior to the meeting or cumments on the ordinance, please call. Rea ectfull�, submitted, M, 'SM. LA Director o Community Development JL: B101: nm MEM0ItANI)UM DATE: April 28, 1380 TO: City Council FROM: Lauren M. Wa3serman City Manager SUBJECT: Condominium Cunve ions The attached memo from Barry Hogan accurately describes a rather delicate problem -- particularly in view of the recent political campaign. As Barry has noted, interest has been expressed by a number of dcral��src to convert approximately COO of 1200 units which are presently zoned as apartments (R -3). If all units are converted, the City's inventory of rental units will be depleted. This depletion will undoubtedly become a major issue with loboyists advocating a need for additional low income rental units. This issue will be further magnified when the Housing Element of the General Plan is adopted. It is significant to note that the Ord.nance which has been drafted by the staff has been written with the active involvement of the Building Industry, the Chamber of Commerce and the Board of Realtors. Please provide the staff with some direction. The Planning Commission will be discussing the proposed Ordinance on Wednesday evening. LMW /vz Enclosure CITY OF RANCHO CUCAMON(:A MEMORANDUM Date: April. 24, 1700 To: I.nuren Wannetman, City Mnnager From: Barry K. llognn, Senior Planner Subject: CONDOMINIUM CONVERSION ABSTRACT: Recently, there han been much discussion at the City Council level eyar rdlny, the need or lack of no ordlnnnce to regulate Lite conversion of apartments into condominiums. Staff hnu completed a drnft condominium con- version ordinance nn previously directed by the Planning Commission and City Couur_11. Some monthn have punned now and it appears as though the City Council and Planning, Conmdsnion might have find second thoughts about the necessity for an ordlnnnce controlling the conversion of npnrtmentn into condomit.luten. On April 30th, Staff will be meeting with Lite Planning Commission in a study session to dincuno the Aron and cons of the necessity for a condominium conversion ordl- nnnce. It would be most helpful to know Lite Council's position regarding con - dominlum conversion ordinance. In the pant few months, we have neen many cities begin to wrestle with the issue of condominium conversion. The basic concern expressed by moat cities is the displacement of renters through the conversion process, and the loss of rental housing. The City of Rancho Cucamonga has approximately 1,200 dwelling units In the 10 unit or more classification; i.e. npnrtmentn, out of a total of same 17,000 dwelling units. This in an extremely low amount of apartment units for it city of our size. Our concern is tluit because the ownership market is especially depressed at this point in time that we will have conversions occurring in these apartment complexes "wally silly ". To this end, we have had inquiries from i.ewis llommes regarding the conversion of Sunscape I and II encompassing 500 dwelling units and inquiries from C 6 L Development Company for the conversion of Creekside containing 130 dwelling units, and inquirien from Stonebrldge Investment who bought the Ken Ketner Apartment complex recently approved by the City on Archi- bald, south of Victoria for 135 dwelling units. While we are aware that conver- sions of apartments into ownership units will provide an alternative source of affordable housing, it will also reduce the number of dwelling units nvailable for renters. We wish to make it clear that the staff is not opposed to condominium conversion; however, we feel that there must be some control of the number of dwelling units that might be converted in any one year. Many cities do conver- sions based upon vacancy rate. We have worked with the developers so that our ordinance Goes not rely upon the vacancy rate since the vacancy rate in Rancho Cucamonga is zero; i.e. all available rental units are occupied. This would indicate to us that there is a great demand for rental units and not enough rental units available to meet that demand. If conversions were allowed, then we would Condominium Converelon April 24, 1900 1'ngo 2 have even n g rcntrr demand for npartmentn. Thin might rnlno the quention of why then nren't the developers building npnrOwntn. The answer In quite simple when we look at the economics of the situation. Onnku are not lending on apartment units, they are lending for condo conversions or for condominiums. Thin in why we and other cities in California have nsen a run on condo conversions. We hope thin memorandum has clarified nome of our concerns and wish thnt these concernn be trnnnmitted to the City Council for their direction. We have many items which nhould be considered; condominium conversion In only one amongst many and it would help our prioritization of work lond to know whether we are pursuing an Item which the Council deniren to be considered. [fully DKII: nm er tted, V1. A CLTY OF RANCHO 01CAMONCA STAFF REPORT Dnte: March 26, 1980 To: Planning Conminnion Prom: Jack Lam, Director of Community Development 11y: 1k+rry K. Rogan, Senior Planner Suhject: 7;(jNINr, ORDINANCE AMENDMENT NO. 80 -01 AND ENVIRONMENTAL ASSESSMENT _- Luiii)o CONVERSION - The development of a Condominium Conversion Grinnoce ABSTRACT: As the Planning Commission will recall, this item Eas been continued twice on tile_ %pei•da in order to allow Staff and the City Attorney to review the proposed Cond,:mi,:ium !onversion Ordinance and make appropriate change.". Attached in a proposed c n inatce which includes the City Attorney's comments and the comments gathec!d at the Planning Commission Institute in San Diego last. month. CThe Ordinance is comprised of a Purposes Section, Definitions, Property Develop- ment Standards ?1,.tinp, special and general requirements, an Application Require- ment Seci'.on, v .n Conversion Limit Procedure. The Ordin nice, if xetommended for approval by the Planning Commission, will proceed to the City Council for their adoption. If the Ordinance is adopted by the City Council it will become a part of the Zoning Ordinance. We believe that the attached Ordinance includes all of Cite concerns expressed by the Plan- ning; Commission and the City Attorney and will provide adequate controls for the conversion of apartments into condominiums. RECDNENDATION: If the Planning Commission concurs with the Ordinance as presented, it is .recommended that they adopt the attached Resolution recommending approval of Zoning Ordinance Amendment No. 80 -01 to tite City Council. Rc7pectf 11 submitted, A� JACK LMi, Director of Community Development J 1.: BK11: run Attachment: Planning Commission Resolution No. 80 -11 Proposed Condominium Conversion Ordinance ITEM "E" RESOLUTION NO. 80 -1.1 A RESOLUTION OF THE RANCHO GUCAMOMIA PLANNING COMMISSION RRCOMMF.MIING APIROVAL OF ZONING OROI- / NANCE AMENDMENT NO. 80 -01 AMENDING THE ZONING ORDINANCE BY ESTABLISHING REQUIRUIENTS FOR TIIE CONVERSION OF APARTMENCS INTO CONDOMINIUMS WHEREAS, on the 26th tiny of March, 19110, the Planning Commission held a duly advertined public hearing pursuant to Section 65854 of the Cai.ifornin Government Code. SECTION 1: The Rancho Cucat:ongn Planning Commisnion ban made the tollowing finding": i. That such amendment in in conformance with the Intent and purpose of the Zoning Ordinance. 2. That such amendment in consistent with the goals and policies of the General Plan. 3. That such amendment will not be detrimental to the public health, sa;ety, and general welfare. 4. That the proposod amendment would not have aigni- ficant adverse "environmental impacts. SECTION 2: The Rancho Cucamonga Planning Commission has found that this project will not crrate a aignifit: ant adverse impact on the environ- ment and ban recommended issuance of n Negative Declaration on March 26, 1980. NOW, TIIEREFORE, DE IT RESOLVED: 1. That pursuant to Section 65854 to 65847 of the Cali- fornia Government Gde, that the Planning Commission of the City of Rancho Cucamonga hereby recomnendo approval on the 26ch day of March, 1980 of Zoning Ordinance Amendment No. 80 -01. 2. The Plan ing Comminsion hereby recommends that the City Council approve and adopt Zoning Ordinance Amend- ment No. 80 -01 which adds Section 61.0224. 3. That a Certified Copy of this Resolution and related material hereby adopted by the Planning Commission shall be forwarded to the City Council. 4. T!:at ,the attached amended Sections of the Zoning Ordi- nance becomeu a part of this Resolution. C C C AI'PI(OV6) ANI) ADOPTED THIS 26111 DAY OF MARCH, 1980 I'LANNIM: CLMFIl.`;S10N OF TIIE CITY OF RANCHO CUCAIIONCA BY: _ Iler:mn Rempel, Chairman Secretary of the Planning Comminnion 1, JACK LAM, Secretary of the Planning Commiaoion of the City of Rancho Cucamongn, do hereby certify that the foregoing Resolution wan duly and regularly introduced, panned, and adopted by the Planning Commiaai.on of Lite City of Rancho Cucamonga at a regular maeting of the Planning Commiaaion held on the 26th day of March, 1980, by the following vote, to wit: AYES: COMMISSIONERS: NOFS: COMMI.SSIONEI:S: ABSENT: COMMISSIONERS: C C ORDINANCE NO. AN ORDINANCE OF TIIE CITY COUNCIL OF THE CI1Y of RANCHO COCAMONGA, CALIFORNIA, AMENDING THE ZONING ORDINANCE BY ESTAISLIS14ING RLQUIREMENTS FOR TIIL CONVERSION or APARTMENTS TO CONDOMINIUMS. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1; PURPOSES: A. The City Council find% and determines that the conversions of apartments to community apartments, stock cooperatives and condominiums affect the public health, safety, and welfare; and that such projects, which are subject to the %ubdl%,islon regulations of the State of California, shoulu be regulated by local ordinance. The City Council determines a need to regulnte the conversions of existing buildings to community apartments, stock; cooperatives and condominiums so as to: 1. Encourage a balanced supply of rental and ownership housing In the community and a variety of choices of tenure, type, price, and location of housing. 2. Maintain and encourage the supply of afforCable housing, both ownership ano rental, for low -and- moderate Income persons and families; and 3. Promote the residential stability and quality of the , community by developing neighborhood identity, discouraging displacement of residents, and focili- tating affordable home ownership opportunities and rental ownership opportunities for the community. N C The City Council, therefore, Mates Its express Intent to set such standards and regulations necessary to Insure that apartments and like structures being converted will be In the best Interest of the community. SECTION 2: DEFINITIONS The words and terms used In this Chapter shall have the following meaning unless the context clearly Indicates otherwise: A. Apartment: (Community) Apartment as defined In Section 11004 of the Business and Professions Code, containing two or more rights of exclusive occupancy. p. Condominiums: Condominiums as defined In Section 1350 of the Civil Code: "An estate of real property consisting of an undivided Interest in common areas, together with a separate right of ownership to space." C. Conversion: The process or act of subdivision, In accordance -with the Subdivision Map Act, of existing rental dwelling units. D. Pest Report: An Inspection and written report conforming to the requirements of Section 8516 of the Business and Professions Code of the State of California Including documentation of conditions ordinarily subject to attach by wood destroying pests and organisms. SECTION 3 E. Project: Project menns n condominlum, conrnrunity Apart- ment, and stock coope_rntive. F. Stock Coopernllvn: Stock cooperative as dellne_d in Section 11003.7 of the Duslnes% and Professions Code: property consisting of dwelling wilts owned by a corporation whereby shareholders receive a right of exclusive occul•nnr.y In a portion of the real property owned by the corporetlun. PROPERTY DEVELOPMENT STANDARDS In order for an application for the conversion of apartment units to community apartments, condominiums and stock cooperatives to be considered, the applicant must submit an application for Conditional Use Permit and Tentative Tract Map. The following special and general requirements must be met or accompany the Conditional Use Permit and Tentative Tract Map application In addition to those requirements of a Conditional Use Permit and Tentative Tract Map. A. Speclnl Requirements: The applicant shall provide specific Information concerning economic and demographic characteristics of the project, including, but not limited to the following: I. The applicant's projected percen age of th existln Naekd -to � un - number of ten ants /t C c -.fn order to make the conversion project economically feasible. 2. Estimated market value of each unit; 3 j, Terms of proposed nssist-ince, discount, or other Cflnrncing program to be offered, If any, to present residents for thu purposu of subsequent unit purchase; 4. Proposed program of re!ocatlon ussistance to be offered by the applicant, If nay; 5. Makeup of existing tenant households, includlnq famlly size, length of residence, age of tenants, and whether receiving federal or state rent subsidies; G, Proposed Homeowner's Association fee; CNames and addresses of all tenants. When the subdivider can demonstrate that such information is not available, this requirement may be modified by the Community Development Department. 8. The subdivider shall submit evidence that a certified letter of notification of intent to convert was sent to each tenant for whom a signed copy of said notice Is not submitted. g. A report of field test by a qualified Independent testing agency as specified in the Uniform Building Cod e showing that the wall separation and the floor and ceiling separation between units shall provide the same airborne sound insulation as required by the most current Uniform Building Code requirements adopted by the City. If the report shows that these standards are not met then the applicant shall Indicate th:,t tie will complete Improvements necesoary to meet these requirements prior to any sale of sold converted apartments. In cases where units are occupied by tenants, who have Initiated a contract for the purchase of the units, the Improvements for such soundproofing shall be complete prior to the sale of the unoccupied units. 10. A copy of the proposed declaration of covenants, conditions and restrictions which will apply rnd l which shall include an agreement for common area maintenance, Including facilities and landscaping, together with an estimate of the Initial assessment fee, anticipated for such maintenance; a description of a provision for maintenance of vehicular access areas within the project; and an Indication of appropriate responsibilities for maintenance of all utility lines and services for each unit. 11. A physical elements reports which shall include but not be limited to: (a) A report detailing the condition and estimating the remaining useful life of each element of (b) A structural past control report. Such report shall be prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code. (c) A building M story report including the following: (1) The date of construction of all elements of the project; (2) A statement of the major uses of said pro- ject since construction; the project proposed for conversion: Roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, plumb - Ing systems, including sewage systems, swimming pools, sprinkler systems for landscaping, utility delivory systems, central or coutmunity hearing and nir- conditioning systems, fire pro- tection systr:,;, !ncluding automatic sprinkler systems, alarm systems, or standplpa systems, and structural elements. Such report shall be prepared by an appropriately licensed contractor or architect or by a registered civil or structural angineer other than the owner. For Cany element who::e useful life Is less than five (5) years, a replacement cost estimate shall be provided. (b) A structural past control report. Such report shall be prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code. (c) A building M story report including the following: (1) The date of construction of all elements of the project; (2) A statement of the major uses of said pro- ject since construction; 0 (3) The date and doscriptlon of earh mnJor repair or renovation of any structure or structural element since the date of con- struction. For the purposes of this sub- section a "major repair" shall mean any repnir for which an expenditure of more than $1,000 was made; (4) Statement regarding current ownership of all Improvements and underlying land; (5) Failure to provide information required by subsections (1) through (4), inclusive, shall be accompanied by an affidavit, given under penalty of perjury, setting forth reasonable efforts undertaken to discover such Information and reasons why said Information cannot be obtained. 12. A notice of Intent to convert shall be delivered to each tenant's dwelling unit. Evidence of delivery shall be submitted with the application for conver- sion. The form of the notice shall be as approved by the Coinnunity Development Department and shall contain not less than the following: (a) Name and address of current owner; (b) Name and address of the proposed subdivider; 0 c (c) Approximate date on which the tentative map Is proposed co be filed; (d) Approxtmnto dote on which tine final map or parcel map is to be fllna; (e) Approximate (late on which the unit is to bu vacated by nonpurchosing tenants; (f) Tenant's right to purchase; (g) Tenant's right of notification to vocoto; (h) Tenant's right of termination of lease; (i) Provision for special cases; and (j) Provision of moving expenses. (k) Other Information as may be deemed necessary by the Community Development Department. Tenant's Right to Purchase. As provided In Government Code Section 66427.1(b) any present tentant or tenants of any unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public. The right of first refusal shall extend for at least sixty (60) days from the date of issuance of the Subdivision Public Report or commence- ment of sales, whichever date is later,. Vacatlon of Units. Each non - purchasing tenant, not ( in default under the obligations of the rental agreement or lease under which he occupies his unit, shall have not less than one hundred eighty (IAO) days from the date of receipt of notification from r the data of rer_elpt of riot IfI cat Ion from the owner e of his Intent to convert, or from the filing date of the Final Subdivision Map, whichever date Is Inter, to find substitute housing and to relocatn• 13. 0,.her Information which, In the opinion of the Director of f.ommunity Development, will assist In determining whether the proposed project Is can- sistent with this chapter. D. General Requirements: Each project proposed for condo - minium conversion shall meet the following standards: 1. Each habitable unit shall conform to current nolse and energy Insulation standards required by the latest adupted Uniform Building Code or other applicable law or regulation. 2. Each unit shall have Installed smoke detectors as required by the latest adopted edition of the Uniform Building Code. 3• For each unit there shall be provided r minimum of two covered, on -site parking spaces pet- unit in a garage or carport, plus 202 of the total spaces prLlvided for guest parking. C 4. Each dwelling unit shall be separately metered for qns, electricity find water unless the City approves a plan for aqultnble sharing or conMnunnl matering. Each uni t ehnl l be provided wi th separate water shut -off valves Tu'p'acnta_ahu4wGJ , vn•i•w4 —fx 4nd+%- Idua•1-41F tur". 6. Each area for trash placement and pickup shall be adequately designat.ad and all rafuse shall be removed on a regularly scheduled basis from the premises. 7. Permanent machanlcal equipment which the Building official determines is a potential source of vibra- tion or noise shall be shock mounted or isolated, or otherwise mounted In a manner approved by the Building official to lessen the transmission of vibration and noise. 8. Illuminated addresses, and if found necessary by the Planning Commission, directory maps, for all units shall be prominently displayed from appropriate public or private access within or adjacent to the project. 9. At least 125 cubic feet of enclosed, weatherproof, _lockable storage space is to be provided for each unit. This storage space shall be in addition to that ordinarily contained within each unit. It may be either within or exterior to, but shall bear a reasonable locational relationship to each unit. 10. A laundry nran shall be provided In r_ach unit, or If common laundry areas are provided, such faclIIties uhnll consist of not less than one automatic wnsher and dryer for each five units or fraction thereof. 11. The applicant shall provide written certification to the buyer of ench unit on the Initial sale after conversion that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air - conditioners that are provided are in working condl- tlon as of the close of escrow. At such time as the Homeowner's Association takes over management of the development, the applicant shall provide written certification to the Association that any pool and pool equipment and any appliances and mechanical equipment to be owned In common by the Association Is in working condition. SECTION 4: APPLICATION REQUIREMENTS The applicant shall provide the City with a tentative subrlivision map In conformance with the st.ala Subdlvi%ion Map Act and local ordinance and a development plan of the proJect Including, but not I Ind tell to: 1. dimensions and location or each building or unit, and the location of all fences or walls. 2. bullding elevations indlcotiny the type of con- struction material existing and proposed; 3. Typical floor plans of existing units with square footage% of each room Indicated and the number of units per plan; 4. location of common area and amenities existing or proposed; 5. location and dimensions of parking garage, carport, parking area, access-ways, and any other on -site area reserved for vehicular use; 6. location of areas for exterior storage space for individual occupants; 7, landscape plan per City standards which specifies proposed trees, shrubs, plants, and ground cover, and indicates existing landscape massing. Species, quantity, and sizes shall be indicated for proposed landscaping only. 0. Any other Information that till! Director of Community Development deems necessary to determine whether the proposed project Is consistent with this chnptnr. SECTION 5: EXE1411HONS In the event that any of the Performnnco Standards required for the Conversion of Apartments Into Condominiums causo practical difficultlas, are determined to be unnecessary or would result In excessive costs, the Planning Commission may waive, reduce or modify the requirement. Exernptlomt shall only be made for parking, laundry facilities, storage provisions for Individual units, and noise and energy requirements. SECTION G: CONVERSION LIMIT PROCEDURE A. Annual Limit. The City shall approve the conversion of no more than one -half (1) the number of multi - family rental dwellings added to the City's housing stock (i.e... dwelling units completed and ready for occupancy) during the preceding year, In any one calendar year. The number of multi - family rental units added in one year shall be determined as follows: from January 1 through December 31, the total number of multifamily rental units given a final building in- spection and occupancy permit minus the number of such units demolished, removed from the City, or converted to non - residential use. C SECTION 7: D Q If approval for a project expires prior to recordntinn of thn final Tract Map i'or [lint project, the number of dwelling unit+ provided in the expired project shall be added to the allocation. in the caleruiar year of expiration. For a .ina -time only basis, this ordinance shall establish the 1979 multi - family rental (lwnllijig unit number at 250 dwelling units. Time Limit. Any multi- family rentnl unit constructed after the effective date of this ordinance shall be allowed to convert to condominiums subject to the pro- visions of this ordinance, five years from the date of the final occupancy of the project.. ACTION BY PLANNING COMMISSION The City shall make the following findings in addition to the findings required for a Conditional Use Permit and Tentative Tract Maps in order to appruve an application to convert apartments to condominiums: 1. the proposal is compatible with the objectives, policies, elements and programs specified in the General Plan and any applicable specific plan. 2. the design or improvement of the project is eon- sistent with applicable, general and specific plans. j. the proposal Is Lonsistent with the purposes of this chapter. It. the proposal promotes wllh the health, safety and welfare of the residents of the City. The action of the Planning Commission Is (inn] unless appealled in writing to the City Council within fifteen (15) calendar days. SECTION 8: The Mayor shall sign this ordinance and tho City Clerk shall attest to the same, and the City Clerk shall cause the some to be published within fifteen (15) days after Its passage, at least once In The Daily_ Report, a news- paper of general circulation published In the City of Ontario, California, and circulated In the City of Rancho Cucamonga, California. PASSED, APPROJED, AND ADOPTED this 1980. AYES: NOES: ABSENT ATTEST: day of , -' James C. Frost, Mayor Lauren 8. Wasserman, City Clerk C