B. The City Council specifically finds: that multifamily dwellings that might seek to be converted to condominium use were not constructed originally in a manner which envisioned individual ownership of such dwelling units; unregulated conversion of existing rental housing to condominium may have an impact upon the stock of rental housing available to the community and may impact the price of housing in the City. In a period of extremely low vacancy factors or available City rental units, unregulated conversions to condominiums might work a hardship on tenants of buildings sought to be converted, who may find themselves unable to find replacement housing in the City or in Southern Marin, and also may find themselves unable to purchase the unit they occupy, after a conversion.

C. The rules and standards set forth herein are intended to guarantee that rental units being converted, or structures initially erected as condominiums, meet reasonable construction criteria under State and local laws, ordinances and regulations; that a reasonable balance between rental housing and owner-occupied housing continues to exist in the community; and the character of the units constructed or converted hereunder are consistent with the existing character of structures in the area.

D. These rules and standards shall apply to a subdivision initially created as condominium units or community apartments or as a stock cooperative, the conversion of an existing multi-family unit to a condominium, community apartment or stock cooperative, and the conversion of an existing commercial building to a condominium, as defined in Section 19.38.020.

E. An initial limit of thirty-five condominiums will be allowed from and after the effective date of the ordinance codified in this Title, after which point the impacts thereof may be assessed on the City. The thirty-five units allowed hereunder shall not be construed as an absolute limit on construction or conversion of units to condominiums, but shall serve only as a point for reevaluation of the impact of said units upon the City. (Ord. 89-1 § 1, 1989.)

A. “Community apartment” means a development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located thereon. Community apartments shall be subject to the same restrictions and conditions as set forth in this Chapter for condominiums.

B. “Community apartment project” is defined as a community apartment containing two or more apartments to which there is the right of exclusive occupancy for residential purposes.

C. “Condominium” is defined as set forth in Civil Code Section 783. “Condominium,” as used herein, means and includes “community apartment,” “stock cooperative,” and “limited-equity housing cooperative.”

D. “Condominium conversion” means a change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined as a condominium project or a community apartment project or a stock cooperative, regardless of the present or prior use of such, land or structures, and whether improvements have been made or are to be made to such structures.

E. “Condominium project” means the entire parcel of real property, including all structures thereon, to be divided into two or more units for the purpose of constructing or converting existing structures or condominium units.

F. “Limited-equity housing cooperative” is defined as set forth by Section 33007.5 of the California Health and Safety Code and as the same may, from time to time, be amended.

G. “Shares” means the units into which the right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, are divided among the owners thereof.

H. “Stock cooperative” means a corporation which is formed primarily for the purpose of holding title to, either in fee simple, or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock or membership certificate in the corporation held by the person having such right of occupancy. (Ord. 89-1 § 1, 1989.)

A. No subdivision map for the construction of or conversion of any structure to a condominium, as that term is defined in Section 19.38.020, shall be approved, and no building permit for any condominium shall be issued, until a condominium permit has been issued. Such permit shall be issued by the Planning Commission only if it determines that the property conforms to all applicable zoning regulations, or the property was legally nonconforming on the date of adoption of the ordinance codified in this Title; and if the commission is able to make all of the findings required by this condominium permits shall be as provided for in Chapter 19.80 of this Title for use permits.

B. In the case of new construction and/or exterior remodeling of units to be offered for sale as condominiums, the application for permit shall first be referred to the Planning Commission for its analysis and recommendations pursuant to the pertinent provisions of Chapter 20.04 of this Code, Design Review. (Ord. 89-1 § 1, 1989.)

A. No condominium permit shall be approved or conditionally approved in whole or in part unless the following findings are made:

B. The resolution making such findings may do so in general terms by stating that the commission finds the matters set forth in this Section to be true. If the commission is unable to make the findings required above, the commission shall disapprove the granting of the use permit. (Ord. 89-1 § 1, 1989.)

A. 

B. 

C. A report by a qualified acoustical consultant that the sound transmission requirements of Chapter 35 of the UBC for walls, floors and ceilings which separate the proposed dwelling units will be met;

D. Plans showing percentages of open space, parking and circulation areas, building coverage, and the number of parking spaces (covered and open) in the project;

E. A written description of the proposed project organization, including the use and control of the common elements and recreation facilities within the project; and any proposed control of common facilities to be retained by the developer or by the owner or maintained by any other organization other than the homeowners association or unit owners;

F. A structural pest-control report prepared by a licensed pest control operator pursuant to Section 8516 of the California State Business and Professional Code;

G. The subdivider’s proposed program to accommodate existing tenants of units to be converted, with specific reference to relocation assistance, availability of substitute accommodations, and a statement of any style preference to present tenants;

H. If requested, a report on the proposed conversion, indicating length of occupancy of present tenants, household composition of tenants, rent structure at time of application, nature of lease agreements, proposed sale prices of units, and financing arrangements;

I. A list of the names of all tenants and lessees of the existing structure(s), together with a verified statement that notice of the filing of the application has been given to each such tenant and lessee by prepaid U.S. mail. Each application shall be deemed to provide authorization for inspections of the building and site by the commission and by the City staff;

J. A statement indicating the exact number of units existing in the structures) proposed to be converted. (Ord. 89-1 § 1, 1989.)

A. The desire of current tenants to either purchase prospective condominium units or maintain rental status shall be a consideration in a review of the effects on the general welfare of persons residing in the neighborhood of the proposed condominium use.

B. In granting any condominium permits the commission may impose such other conditions as it may deem necessary to accomplish the objectives of this Chapter. (Ord. 89-1 § 1, 1989.)

A. There shall be required covenants, conditions and restrictions (CC&Rs), and the formation of an association or corporation for the purpose of managing and maintaining the project.

B. The CC&Rs shall state that the City has the right to abate public nuisance conditions in the common area if the association or corporation fails to do so, and to assess the cost to the association, corporation or individual unit owners. In order to accomplish this, the CC&Rs shall contain the following typical statements: In the event the Board fails to maintain the exterior portions of the common area so that owners, lessees, and their guests suffer, or will suffer, substantial diminution in the enjoyment, use or property value of the project, thereby impairing the health, safety, and welfare of the residents in the project, the City of Belvedere, by and through its duly authorized officers and employees, shall have the right to enter upon the real property described in Exhibit “A” and to commence and complete such work as is necessary to maintain said exterior portions of the common area. The City shall enter and repair only if, after giving the Board written notice of the Board’s failure to maintain the premises, the Board does not commence correction of such conditions within thirty (30) days from delivery of the notice and proceed diligently to completion. The Board agrees to pay all expenses incurred by the City of Belvedere within thirty (30) days of written demand. Upon failure by the Board to pay within said thirty (30) days, the City of Belvedere shall have the right to impose a lien for the proportionate share of such costs against such condominium or community apartment in the project.

It is understood that by the provisions hereof, the City of Belvedere is not required to take any affirmative action, and any action undertaken by the City of Belvedere shall be that which, in its sole discretion, it deems reasonable to protect the public health, safety, and general welfare.

It is understood that action or inaction by the City of Belvedere, under the provisions hereof, shall not constitute a waiver or relinquishment of any of its rights to seek redress for the violation of any of the provisions of these restrictions or any of the rules, regulations, and ordinances of the City, or of other laws by way of a suit in law or equity in a court of competent jurisdiction or by other action.

It is further understood that the remedies available to the City by the provisions of this Section or by reason of any other provisions of law shall be cumulative and not exclusive, and the maintenance of any particular remedy shall not be a bar to the maintenance of any other remedy. In this connection it is understood and agreed that the failure by the Board to maintain the exterior portion of the common area shall be deemed to be a public nuisance, and the City of Belvedere shall have the right to abate said condition, assess the costs thereof, and cause the collection of said assessments to be made on the tax roll in the manner provided by pertinent provisions of this Code or any other applicable law.

The City Council of the City of Belvedere may, at any time, relinquish its rights and interest in the project as herein set forth by appropriate resolution. Any such relinquishment by the City Council shall be effective on the date that the resolution is adopted and a copy thereof is placed in the United States mail, postage prepaid, addressed to the Board. The Board shall execute and record a declaration reflecting such relinquishment within ten (10) days of receipt of a copy of the resolution.

C. The above five paragraphs cannot be amended or terminated without the consent of the Belvedere City Council. (Ord. 89-1 § 1, 1989.)

A. Copy of applicant’s proposed application for subdivision permit, in the event a permit is required, from the California State Department of Real Estate;

B. Proposed sale price of each unit;

C. A copy of notices to tenants required by Section 66427.1 of the Subdivision Map Act together with evidence of each tenant’s receipt of same. There shall be included a copy of a notice to tenants giving them exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. (Ord. 89-1 § 1, 1989.)