HomeMy WebLinkAboutNS-60.2 AN ORDINANCE ENDING ORDINANCE NO. 60, THE
SUBDIVISION ORDINANCE OF THE CITY OF SARATOGA,
BY ADDING ARTICLE FOUR THERETO RELATING TO
SPECIAL SUBDIVISION SITUATIONS, AND SECTIONS
SERIES 30 UNDER SAID ARTICLE FOUR GOVERNINd
COMMUNITY HOUSING (CONDOMINIUMS, ET AL) CONVERSIONS
The City Council of the City of Saratoga does hereby ordain as follows:
Section 1: The General Plan of this City has a housing element therein,
and Government Code Section 65302(c) of the State of California provides, in
part, that the City's housing element shall make adequate provision~for the
housing needs of all economic segments of the community. This Council finds
that at present there is a disproportion between condominitnn and other community
housing units on the one hand, and multiple residential housing units on the
other, and it is necessary to insure a reasonable balance of both rental and
ownership housing in this City and to maintain a supply of rental housing at a
reasonable level to reduce and avoid the displacement of long-term residents,
and it is therefore necessary to regulate the conversion of multiple family
housing to community housing in order to insure that the minimum housing service
needs of all segments of the community are provided for.
This Council further finds and declares that a minimum of two percent (2%)
of the total housing stock should at all times consist of apartment rental units
and that when the total number of rental apartments in the City falls below 2%
of the total housing stock, an apartment rental shortage exists.
This Oouncil further finds that when the number of vacant apartments
being offered for rental or lease in the City is equal to or less than 3% of
the total number of such dwelling untis offered for and under rental or lease
agreements in the City, a rental housing shortage exists.
This Council further finds that the conversion of existing multiple family
rental housing into condeminiams and con~..-~nity apartment projects and stock
cooperatives tends to diminish the short and long term supply of multiple family
rental housing, thus causing eventual displacement and out-migration of Saratoga
residents, particularly those senior citizens residing in multiple family rental
housing, and any such reduction in housing services and forced--out-migration of
residents of this City is inconsistent with the goals and objectives of this
City as set forth in the housing element of the General Plan.
Based upon the foregoing findings this ordinance is enacted to establish
requirements and procedures for the control and approval of conversion of existing
multiple family rental housing to community housing as hereinafter set forth in
the amendments to Ordinance N6. 60 following.
Section 2: Ordinance No. 60, the Subdivision Ordinance of the City of
Saratoga, is hereby amended by adding thereto Article Four, to be captioned
"Special Subdivisions", and Sections Series 30 regulating commdnity housing
conversions, as follows:
ARTICLE FOUR
SPECIAL SUBDIVISIONS
Section 30. Communit7 Housin8 Conversions
Section 30.1. Purpose.
This Article and the sections thereof are enacted for the following
purposes:
(1) To maintain a reasonable balance of rental to ownership housing
that adequately services the needs of the community by establishing
apartment surplus criteria and vacancy rate criteria which must be met
prior to permitting conversion of existing multiple family housing to
commun±~ housing, and
(2) By doing so, to help maintain the supply of rental housing as
an alternative housing source for senior citizens and in this regard to
reduce and avoid the displacement of long-term residents who may be required
to move from the 'community as a result of any shortage of replacement multiple
family rental housing, and
(3) In doin~ so, .tO establish base figures for-a multiple family
rental housing, as a minimumpercentage of the total housing stock in order
to avoid an irreversible shortage in the supply of ~ultiple family rental
housing, and
(4) In doin~ so, to implement the housing element of the S~ratoga
General Plan, and
(5) To specify additional data and documentation to be furnished with
tentative m~ps for community housing conversions.
Section 30.2. Definitions.
~ ~As used in this part the following definitions shall control:
(1) ASSOCIATION means the organization of persons who own a condo-
minimum unit or right of exclusive occupancy in a community apartment or
other community housing unit.
(2) COMMUNITY HOUSING means and includes a condominium project as
defined in Section 1350 of the Civil Code, containing two or more condo-
miniums; a community apartment project as defined in Section 11004 of the
Business ahd Professions Code, containing two or more rights of exclusive
occupancy; and a stock cooperative, a~ defined in Section 11003.2 of the
Business and Professions Code, containing two or more rights of exclusive
occupancy.
(3) CONVERSIONScans a change in the type of ownership of a parcel
or pracels of land, together with the existing attached structures, to that
defined as any one or more of the types of community housing defined herein.
(4) ORGANIZATIONAL DOCUMENTS means and includes the Declaration of
Covenants, Co~ditions and Restirctions, Articles of Incorporation, By-Laws,
and any contracts for the maintenance, management or operation of all or
any part of a project or the common area of any project.
(5) APARTMENT RATE is the total number of rental apartments in the
City shown as a percentage of the total housing stock.
(6) APARTMENT SURPLUS is the number~ 6f~ren~all ~partments,,in-the'City
ihoexcess of 2% of the base apartment rate.
(~) VACANCY RATE is the number of apartments being offered for rental
or lease in the City shown as a percentage of the total~namber of rental
apartments both being offered for and actually under rental or lease agree-
ment.
(8) VACANCY SURPLUS is the number of apartments being offered for
rental or lease in excess of 3~ of vacancy rate.
Section 30.3. Surplus Required for Conversion~
No application for approval of a tentative map for conversion of
existing multiple family rental housing units to residential community housing
shall be filed or accepted for filing, nor shall any such conversions be permitted
in the City of Saratoga,.~nless and until there is an apartment surplus together
with a vacancy surplus ~sfof the most recent determination made pursuant to
Section 30.4 hereof.
The foregoing prohibitions shall be subject to the following exception~
(a) In the event that the filing of an application for tentative
map approval otherwise complies with one or more of the foregoing
provisions permitting such filing, at the time of the filing, any
~ s~bsequentl~ occurring d~ecr~ease in the apartment surplus or vacancy
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surplus shall not invalidate or suspend the application, and the same
may be processed to conclusion under the other subdivision regulations
of this ordinance, regardless of the actual effect on the apartment
surplus and/or vacancy surplus rate at the time of approval of the final
map thereo~;'~o~f ...................
~ .Yl~h) Where the application for approval. has heretofore been filed
with this City prior to the effective date of Ordinance 61, the
Emergency Ordinance placing a moratorium on condominium conversions,
such may continue to be Drocessed and be permitted in the event that
two-thirds of all adult tenants lawfully in possession of the
residential units in question consent to the conversion of such
project to community housing, within 10 days from the effective date
of this ordinance, and if appropriate covenants, conditions and
restrictions are recorded permitting all adult tenants not so con-
senting to remain as tenants of their respective apartment units
so long as they continue to pay reasonable rental therefor and
otherwise comply with reasonable terms, covenants, conditions and
provisions of the lease or rental agreement. Consent of said two-
thirds shall be in writing, by verified signatures on a form
containing a statement that the project may be converted to
community housing if not less than two-thirds of said adult tenants
so desire, and each tenant by signing said statement irrevocably
expressing his or her consent to the same.
Section 30.4. Determination of Apartment and Vacancy Surplus.
In March and October of each year the Planning Director shall cause a
survey to be made of all existing rental apartments and community housing
units in the City of Saratoga, and shall make a written determination of
the apartment rate and surplus, and the vacancy rate and surplus, which
shall be set forth in a written report directed to the Planning Commission
and City Council, and shall at all times be kept on file by the Planning
Department. In making such determination, new market-priced rental units
available to the general public, for which a certificate of occupancy had
been issued since the last survey, shall be added on a unit-for-unit basis
to either reduce or decrease the apartment rate and surplus.
Section 30.5. Data to Accompany Tentative Map Application.
Where a tentative map and the application therefor is permitted to be
filed for a conversion to community housing under the other provisions of
this part in addition to the matters otherwise required by Sections 12.4
and/or 22.1 of this ordinance, such application shall be accompanied by
all of the following additional information:
(1) Copies of proposed Organizational documents, which shall include,
6~ be acc~mpanied~B~ ~ ~ollowing:
(a) Plan for conveyance of units;
(b) Plan for assignment of parking and management of common
areas within the project;
(c) Proposed annual operating budget containing a sinking
fund to accumulate reserves to pay for major maintenance repair
or replacement expenses;
(d) FHA regulatory agreement, if any;
(e) If a condominium, copy of proposed site plan as required
by Civil Code Sections 1351, et seq.,;
(f) CC&R's to include proviso that annual assessments pro-
vide for penalties for late payment and reasonable attorneys' fees
and costs in the event of default.
(2) A property report describing the condition and estimating the
remaining useful life of each of the following elements of each structure
situated within the project proposed for conversion: roofs, foundations,
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exterior paint, paved surfaces, mechanical systems, electrical systems,
plumbing systems, including sewage systems, sprinkler systems for ~andscaping,
utility delivery systems, central or community heating and air-conditioning
systems, fire protection systems including any automatic sprinkler systems,
alarm systems, or standpipe systems and structural systems. Such a report
shall be prepared by a licensed contractor or registered engin-er.
(3) A structural pest control report obtained within the last sixty
(60) days, prepared by a licensed structural pest control operator pursuant
to Sections 8516, et seq. of the Business and Professions Code.
(4) A building history report, to include the following:
(a) The date of construction of all elements of the project;
(b) A statement of the major uses of said project since
construction;
(c) A statement regarding current ownership of all improvements
and underlying land;
(d) The name, address, age and length of tenancy of each
present tenant of the project, including children.
(5) A rental history detailing the size in square footage, the current
or last rental rate, the monthly rental rate for the preceding two (2)
years, and the monthly vacancy over the preceding two (2) years of each-
rental unit proposed to be converted.
(6) A copy of each application to the Department of Real Estate of
'~State of California for issuance of a Final Public Report for the
project proposed for conversion including all attachments and exhibits
thereto required by the Department pursuant to Section 11011 of the Business
and Professions Code, to include a copy of the Statement of Compliance
(form 643 as amended) pursuant to 10 Cal. Ad. Code, Section 2792.9, or
its successor, relating to operating and maintenance funds during start-up,
and a statement as to whether the developer will provide any capital con-
tribution to the Association for deferred maintenance of the common areas,
and if so, the sum and date on which the Association will be paid said sum.
(7) A copy of the Supplemental Questionnaire for Apartments converted
to Condominium Projects submitted to the Department of Real Estate of the
State of California for the project proposed for conversion~ to include
all attachments and exhibits thereto.
Section 30.6. Improvement Requirements.
Since the conversion of existing rental apartments into community
housing constitutes a division into spaces and/or residential units in existing
buildings and structures, in addition to the improvement requirements otherwise
applicable to subdivisions under Section 14 and/or 23 of this ordinance, the
Advisory Agency may impose additional conditions on tentative map approval as
may be reasonably required to separately meter the utilities for each unit,
to provide separate electrical over-current protection for each unit, to
provide impact sound insulation between units~ to insure adequate off-street
parking, and such other matters as may be deemed to be advisable or necessary
in order to protect the public health, safety and general welfare of the owners
and proposed owners of such community housing units. The Advisory Agency
shall, from time to time, establish by resolution, such additional proposed
community housing development standards as it may deem advisable or necessary
under the general guidelines set forth in this subsection.
Section 2: If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Saratoga hereby
declares that it would have passed this ordinance and each section, subsection
sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be held invalid or
unconstitutional.
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Section 3: This ordinance shall take effect and be in full force
and effect thirty (30) days after its passage and adoption.
This ordinance was regularly introduced and after the waiting time
required by law was thereafter passed,and adopted at a regular meeting of the
City Council held on the lath day of August , 1976, by the
following vote:
AYES: Councilmen Brigham, Kraus, Matteoni, Bridges
NOES: Councilwoman Corr
ABSENT: None
~ , YOR 7
ATTESTs: ?~"~"
The above and forc{Jein~ tS ~ true
copy of Ordin~nc~ ~=~jJ ~:: Which
published ac:~'dinB io
Deputy City Clerk
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