A.

These condominium regulations are intended to provide criteria and guidelines for condominium conversions as defined in this article. The standards include density, parking, open space, light and air, pedestrian and vehicular traffic circulation and are intended to create condominium projects that are well designed, aesthetically pleasing, compatible with the surrounding community, of a pleasing and desirable character, to harmonize with adjacent residential use, and so as to maintain a reasonable balance in the supply of rental and ownership dwelling units.

B.

Although this is an amendment to the subdivision ordinance, it shall be deemed, where applicable, an amendment to the zoning and building codes. The city has found that these regulations are consistent with, and necessary, to carry out the goals and objectives of the general plan.

(Prior Code, § 17B-1; Code 1985, § 17.84.010)

The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires.

A.

Community apartment project means joint ownership of the land by the various owners with an exclusive right to occupy a given dwelling unit.

B.

Condominium means joint ownership of the land by the purchasers with ownership of a defined area of air space where the dwelling unit is located as more fully defined in the Civil Code § 1 et seq.

C.

Condominium conversion means a process or effect of transferring ownership of a building from residential units to a condominium in accordance with appropriate law. The term "condominium conversion," as used in the chapter, means the conversion of existing units to condominiums, community apartment projects, or stock cooperatives. (Condominiums and community apartment projects are required to comply with the Subdivision Map Act, Government Code § 66410 et seq., while stock cooperatives are not, unless made so by the state department of real estate.)

D.

Stock cooperative means ownership of the land and buildings by a corporation. Tenants own shares of stock and thus are entitled to an exclusive right to occupy a dwelling unit, or they lease a dwelling.

(Prior Code, § 17B-2; Code 1985, § 17.84.020)

Conversion of existing residential units to condominiums, stock cooperatives, or community apartment projects shall be subject to the following:

A.

The approval of a conditional use permit, pursuant to the land use ordinance, shall be required.

B.

Residential condominium conversions shall be permitted only in zones R-2, R-2000 and R-3.

C.

An application for a tentative and final tract map shall be submitted for approval in accordance with established requirements. A site plan and floor and elevation plans also shall be submitted for review and approval.

D.

Covenants, conditions and restrictions (CC&Rs), incorporating the conditional use permit as nonamendable, shall be submitted to the planning department for city attorney review and approval by the planning commission/city council prior to submittal of the final tract.

E.

The developer shall submit a property report describing the age and condition of each of the following elements of each structure situated within the project proposed for conversion: foundations, exterior walls, firewalls, roof, stairways and exits, interior insulation (sound and thermal), exterior insulation (sound and thermal), light and ventilation, plumbing, electrical, heating and air conditioning, fire and earthquake safety provisions, security provisions, interior common or public areas, landscaping and trash control. Such report shall be prepared by a licensed civil engineer or an architect registered in the state and shall provide methods and costs for the correction or improvement of any deficiencies noted.

F.

The developer shall submit a structural pest report. Such report shall be prepared by a licensed structural pest control operator pursuant to Business and Professions Code § 8516, relating to written reports on the absence or presence of wood-destroying pest organisms, and shall provide methods and costs for corrective work for both accessible and inaccessible areas.

G.

Approval of a certificate of occupancy shall be required for any such conversion. Upon receipt of an application for a certificate of occupancy, the building official shall cause an inspection to be made of all buildings and structures in the proposed condominium, community apartment project or stock cooperative. The building official shall prepare an inspection report, identifying all items not in conformance with the applicable city building, electrical, wiring, mechanical and plumbing codes, and any additional equipment and facilities the building official determines to be deteriorated or hazardous. The developer shall repair, replace or add any equipment or facilities determined to be in violation of applicable codes.

H.

The developer shall provide a schedule of proposed improvements which shall be made to the project prior to their sale.

I.

All tenants then occupying the proposed conversion site shall be notified on the public hearing before the planning commission and city council. A list of tenants shall be supplied by the applicant. If permit for conversion is approved, the developer shall provide each tenant a preemptive right in writing (copy to city) to purchase a unit of exclusive occupancy on the same terms as offered for sale to anyone else. Such right shall be irrevocable for a period of 90 days after the commencement of sales or the issuance of the final public report by the real estate commissioner. It is recognized that tenants who purchase may be temporarily displaced during construction.

J.

In addition to the above requirements, no application for a condominium conversion project shall be accepted for any purpose unless the application includes the following:

1.

A development plan of the project, including:

a.

The location, height, gross floor area, and proposed uses for each existing structure to remain and for each proposed new structure;

b.

The location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas, and curb cuts, and open storage area;

c.

The location, height and type of materials for walls, fences and trash enclosures;

d.

The location of all landscaped areas, the type of landscaping;

e.

The location and size of the parking facilities to be used in conjunction with each condominium unit;

f.

The location, type and size of all drainage pipes and structures depicted or described to the nearest public drain or watercourse;

g.

The location and type of the nearest fire hydrants;

h.

The location, type and size of all on-site and adjacent street overhead utility lines;

i.

A lighting plan of the project;

j.

Existing and proposed exterior elevations;

k.

The location of and provisions for any unique natural and/or vegetative site features;

l.

Fuel wood storage when a wood stove or fireplace is provided.

2.

Copy to buyers. The original owner shall provide each purchaser with a copy of all reports (in their final, acceptable form) along with the department of real estate white report, prior to the purchaser completing an escrow agreement or other contract to purchase a unit in the project, and the developer shall give the purchaser sufficient time to review the reports. Copies of the reports shall be made available at all times at the sales office and shall be posted as approved by the city.

(Prior Code, § 17B-3; Code 1985, § 17.84.030; Ord. No. 516, § 1, 2005)

A.

All such conversions shall be subject to the provisions set out in this section, unless excused as a part of the conditional use permit, and the burden shall be on the applicant to show the need for such excuse by applying the same standards as for a variance under this title.

B.

Residential condominium conversions shall be permitted only in zones R-2, R-2000 and R-3.

C.

The minimum lot area for each condominium unit, regardless of the number of bedrooms, shall be 2,500 square feet for R-2, 1,250 square feet for R-3 and 2,000 square feet for R-2000 zones.

D.

Each dwelling unit shall have a minimum floor area as follows:

One-bedroom unit: 750 square feet.

Two-bedroom unit: 900 square feet.

Three-bedroom unit: 1,100 square feet.

For each additional bedroom: 120 square feet.

E.

Common open space area shall be designed and located within the project to afford use by all residents of the project. These common areas may include, but are not limited to, game courts or rooms, swimming pools, garden roofs, sauna baths, putting greens, or play lots and shall be required as follows:

F.

Compliance with the requirements of the fire department regarding matters such as fire flow, hydrant location and driveway width.

G.

Each condominium unit shall be provided with:

1.

Current parking ordinance;

2.

Tandem parking is prohibited;

3.

One R.V. parking space for each five dwelling units;

4.

No use shall be made of any parking area or access thereto, other than for the parking of vehicles; such spaces shall be used for no other purpose at any time. The CC&Rs shall contain such restriction.

H.

A single area having a minimum of 150 cubic feet of private and secure storage space shall be provided for each unit exclusive of closets and cupboards, within the dwelling unit. The storage may be located within the garage, provided it does not interfere with automobile parking.

I.

Adequate trash and garbage collection and pick-up areas shall be provided for use within 150 feet of each unit in a location or locations accessible to a public street or alley and enclosed on three sides by a five-foot-high masonry, brick or concrete wall which shall be enclosed with solid gates of the same height. Such areas may be for individual dwelling units independent of others, or for groups of dwelling units or for all such dwelling units. Areas for group use shall be set back or otherwise protected from adjacent properties and streets.

J.

Plumbing (gas and water) shut-off valves. Separate fullway shut-off valves shall be provided to each dwelling unit.

K.

Each utility that is controlled by and consumed within the dwelling unit shall be separately metered in such a way that the unit owner can be separately billed for its use. Each unit shall have access to its own meters and heaters which shall not require entry through another unit. Each unit shall have its own panel, or access thereto, for all electrical circuits which serve the unit.

L.

Common wall and floor-ceiling assemblies shall be required to conform to the sound insulation performance criteria as required for new buildings.

M.

All permanent mechanical equipment, which is determined to be a source of potential vibration or noise, shall be shock-mounted as determined by the building officials.

N.

Attic separations shall be installed separating each individual unit with the same sound insulation and security as required for party walls.

O.

Such other requirements as are determined as a result of public hearings to be necessary to accomplish the intent and purpose thereof.

P.

Effect of proposed conversions on the city's housing stock. The total number of condominium conversions in the city shall not exceed 35 percent of the total number of apartment units available in the city. For purposes of this section, the term "apartment" shall be defined as three or more dwelling units on a lot. In addition to the apartment to condominium ratio provided for herein, in reviewing requests for conversion of existing apartment buildings to condominiums, the city shall consider the following:

1.

Whether or not the amount and impact of displacement of tenants, if the conversion is approved, would be detrimental to the health, safety or general welfare of the community;

2.

The role that the apartment structure plays in the existing housing rental market;

3.

The need and demand for lower cost home ownership opportunities which are increased by the conversion of apartments to condominiums;

4.

If the planning commission or the city council determined that vacancies in the project have been increased for the purpose of preparing the project for conversion, the tentative map and use permit application may be disapproved. In evaluation of the current vacancy level under this subsection, the increase in rental rates for each unit over the preceding two years and the average monthly vacancy rate for the project over the preceding two years shall be considered.

Q.

All projects that have received or shall receive prior to the effective date of the ordinance codified in this chapter, an environmental impact report (EIR) approval and/or tentative map approval which has not expired shall be exempted from the requirements of this chapter; however, these exempted projects shall be required to meet the requirements in effect at the time of such approval.

R.

Such other requirements as are determined as a result of public hearings to be necessary to accomplish the intent and purpose hereof.

(Prior Code, § 17B-4; Code 1985, § 17.84.040; Ord. No. 474, § 1, 1994)

A.

These condominium regulations are intended to provide criteria and guidelines for condominium construction as defined in this article. The standards include density, parking, open space, light and air, pedestrian and vehicular traffic circulation, and are intended to create condominium projects that are well designed, aesthetically pleasing, compatible with the surrounding community, of a pleasing and desirable character, and so as to harmonize with adjacent residential use.

B.

Although this is an amendment to the subdivision ordinance, it shall be deemed, where applicable, an amendment to the city zoning and building codes. The city council has found that these regulations are consistent with, and necessary to carry out the goals and objectives of, the general plan.

(Prior Code, § 17C-1; Code 1985, § 17.84.050)

The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires.

A.

Community apartment project means joint ownership of the land by the various owners with an exclusive right to occupy a given dwelling unit.

B.

Condominium means joint ownership of land by the purchasers with ownership of a defined area or air space where the dwelling unit is located as more fully defined in the Civil Code § 1 et seq.

C.

Condominium construction means the construction of a condominium, community apartment project or stock cooperative as defined in this section. (Condominiums and community apartment projects are required to comply with the Subdivision Map Act, Government Code § 66410 et seq., while stock cooperatives are not, unless made so by the state department of real estate.)

D.

Stock cooperative means ownership of the land and buildings by a corporation; tenants own shares of stock and thus are entitled to an exclusive right to occupy a dwelling unit, or they lease a dwelling unit.

(Prior Code, § 17C-2; Code 1985, § 17.84.060)

Construction of condominiums, stock cooperatives or community apartment projects shall be subject to the following:

A.

The approval of an initial study and assessment of environmental impact, as per Resolution 73-15, shall first be required.

B.

The approval of a conditional use permit, pursuant to this zoning title, shall be required.

C.

Condominium construction shall be permitted only in R-2, R-3 and R-2000 zones.

D.

An application for a tentative and final tract map shall be submitted for approval in accordance with established requirements. A site plan and floor and elevation plans also shall be submitted for review and approval.

E.

Covenants, conditions and restrictions (CC&Rs), incorporating the conditional use permit as nonamendable, shall be submitted to the planning department for city attorney review and approval by the planning commission and/or city council prior to submittal of the final tract.

(Prior Code, § 17C-3; Code 1985, § 17.84.070)

A.

Common open space areas shall be designed and located within the project to afford use by all residents of the project. These common areas may include, but are not limited to, game courts or rooms, swimming pools, garden roofs, sauna baths, putting greens, or play lots and shall be required as follows:

B.

Compliance with the requirements of the fire department regarding matters such as fire flow, hydrant location and driveway width.

C.

The following lot size shall be required:

D.

The following minimum lot widths (street frontage) shall be not less than 50 lineal feet.

E.

The following side setbacks shall be required: a minimum of five feet.

F.

The following parking requirements shall be made:

1.

Current parking ordinance;

2.

For each three bedroom or more unit: three spaces per unit, with two enclosed and one open;

3.

Tandem parking shall be prohibited;

4.

Underground parking may be required to have special safety provisions as required by the fire department and building and safety department;

5.

No use shall be made of any parking area or access thereto, other than for the parking of vehicles; such spaces shall be used for no other purpose at any time. The CC&Rs shall contain such restriction;

6.

On R.V. parking space for each five dwelling units.

G.

Separate laundry facilities shall be provided for each unit.

H.

All utilities shall be placed underground.

I.

The following minimum gross floor area shall be required:

J.

There shall be provided for each unit at least 150 cubic feet of storage facilities in one location, in addition to storage requirements in the building code.

K.

Adequate trash and garbage collection and pick-up areas shall be provided for use within 150 feet of each unit in a location or locations accessible to a public street or alley and enclosed on three sides by a five-foot-high masonry, brick or concrete wall which shall be enclosed with solid decorative gates of the same height. Such areas may be for individual dwelling units independent of others, or for groups of dwelling units or for all such dwelling units. Areas for group use shall be set back or otherwise protected from adjacent properties and streets.

L.

Plumbing (gas and water) shut-off valves. Separate fullway shut-off valves shall be provided to each dwelling unit.

M.

Each utility that is controlled by and consumed within the dwelling unit shall be separately metered in such a way that the unit owner can be separately billed for its use.

N.

Common wall and floor-ceiling assemblies shall be required to conform to the sound insulation performance criteria.

O.

All permanent mechanical equipment, which is determined to be a source of potential vibration or noise, shall be shock-mounted as determined by the building officials.

P.

Attic separations shall be installed separating each individual unit with the same sound insulation and security as required for party walls.

Q.

Landscaping and lighting plans must be submitted to the planning director for review and approval with the tentative map.

R.

A sewer system with connection to the public sewer shall be provided for each unit as approved by the building official.

S.

All projects that have received or shall receive, prior to the effective date of the ordinance codified in this article, an environmental impact report (EIR) approval and/or tentative map approval which has not expired shall be exempted from the requirements of this article; however, these exempted projects shall be required to meet the requirements in effect at the time of such approval.

T.

Such other requirements as are determined as a result of public hearing to be necessary to accomplish the intent and purpose hereof.

(Prior Code, § 17C-4; Code 1985, § 17.84.080)