The purpose of this chapter is to regulate the development of new residential, commercial and mixed-use condominiums and the conversion of existing units to such condominiums, with the objectives of encouraging local equity ownership, while discouraging the conversion of existing rental housing to condominiums or cooperatives unless it is demonstrated that such conversions would not adversely affect the rental market or would provide unique housing opportunities for very-low, low- and/or moderate-income households, in addition to the objectives set forth in Section 17.01.030.

(Ord. No. 566, § 12, 10-7-13)

A.

New Construction. Construction of new condominium projects containing three or more units shall be subject to the development standards set forth in Section 17.30.030 and design permit requirement set forth in Section 17.30.040 of this chapter.

B.

Residential Condominium Conversions. Before the conversion of any existing structure to condominiums, the developer, builder or other person seeking to convert the existing structure shall first obtain from the planning commission a use permit pursuant to the provisions of Chapter 17.40 and Section 17.30.045 of this chapter. Residential condominium conversions include conversion of a mixed-use development with residential units.

(Ord. No. 612, § 11, 12-8-16)

Editor's note— Ord. No. 612, § 11, adopted December 8, 2016, amended § 17.30.020 in its entirety to read as herein set out. Former § 17.30.020, pertained to use permit required, and derived from Ord. No. 566, adopted October 7, 2013.

A.

The following development regulations shall apply to all newly-constructed condominiums and condominium conversions for residential and/or commercial occupancies:

1.

Regulations governing the use, building height, required yards, building separation, signs, off-street parking, and other explicit regulations, where applicable and where not governed by the provisions of this chapter, shall be those of the district within which the development is located.

2.

The maximum allowable density in any residential condominium shall be the density specified for the district in which the condominium is located.

3.

Separate and independent water, sewer, electrical, gas, and telecommunications systems shall be provided for each unit. Exceptions may be approved by the planning commission when the applicant satisfactorily demonstrates, through the provision of adequate CC&Rs and/or other appropriate measures, that the benefits of shared utilities/facilities outweigh the detriments for the project, in terms of the arrangement (side-by-side versus stacked) and/or number of units proposed.

B.

The following development regulations shall apply to newly-constructed residential condominiums and residential condominium conversions (including residential units in mixed-use developments):

1.

All permanent mechanical equipment, such as motors, compressors, pumps and compactors that could be a source of structural vibration or structure-bourne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators.

2.

Either washer and drier hookups shall be provided for each unit or one washer and one drier shall be installed in a laundry room for every three (3) units.

3.

One hundred twenty-five (125) cubic feet of enclosed storage area shall be provided for each unit.

4.

Outdoor areas shall be provided for active or passive recreational use for a total combined area equal to four hundred (400) square feet per unit. Such areas may include decks, patios, lawns with a slope not exceeding ten percent (10%), and landscaped areas accessed with walkways and provided with permanent seating, but shall not include walkways that serve as the required means of egress. Such areas may be for use in common or dedicated to private use. Exceptions may be approved by the planning commission if adequate alternatives are proposed on site or available in the vicinity.

(Ord. No. 566, § 12, 10-7-13)

A design permit shall be required for newly constructed condominium projects containing three or more units, subject to the procedures established in Chapter 17.42. Condominium design permit applications shall be accompanied by the following materials:

A.

A map to a workable scale, showing the site in relation to surrounding property, existing roads and other existing improvements;

B.

A site plan, showing existing and proposed improvements, locations of buildings on the ground, orientation of buildings, utilities, public services, public facilities, streets and alleys, landscaping, and the boundaries of the projects, including the details necessary to demonstrate compliance with the applicable development standards per Section 17.30.030;

C.

Drawings showing how airspace is to be divided within the condominium consistent with the requirements for a "condominium plan" per California Civil Code Section 4285;

D.

Application for tentative parcel or subdivision map approval, including a copy of the tentative parcel or subdivision map, unless a map waiver is processed per Section 16.12.050 or Section 16.12.025 of Title 16, Subdivisions.

E.

Project plans demonstrating compliance with Section 17.30.030 of this chapter and the development regulations of the zoning district in which the property is located;

F.

A copy of the proposed declaration of restrictions (for condominium projects with unit-owners associations), or maintenance agreement (for smaller condominium projects without unit-owners associations) as required by the provisions of the Civil Code of the state, including the following:

1.

A requirement for binding arbitration for tie votes;

2.

Provisions addressing property, general liability, earthquake and flood insurance responsibilities;

3.

Provisions addressing maintenance responsibilities for roof, gutters, sidewalks, painting, landscaping, any habitat areas subject to the San Bruno Mountain Area Habitat Conservation Plan, and other common area improvements (including timing of maintenance items and method to apportion costs);

4.

Provisions for the reconstruction of the project in accordance with codes in effect at the time of such reconstruction, in the event of the destruction of the condominium project;

5.

A provision specifying that the City of Brisbane is named as a third-party beneficiary for enforcement purposes, if recommended by the city attorney; and

G.

Any information deemed necessary or desirable in assisting the commission in its determinations.

(Ord. No. 612, § 12, 12-8-16)

Editor's note— Ord. No. 612, § 12, adopted December 8, 2016, amended § 17.30.040 in its entirety to read as herein set out. Former § 17.30.040, pertained to application for condominium use permit, and derived from Ord. No. 566, adopted October 7, 2013.

A use permit shall be required for residential condominium conversions. The application for a use permit for a residential condominium conversion (including conversion of a mixed-use development with residential units) shall include, in addition to the requirements in Section 17.30.040, the following information:

A.

A building history report, including the following:

1.

The date of construction of all elements of the project,

2.

A statement of the major uses of the project since construction,

3.

The date and description of each major repair or renovation of any element since the date of construction,

4.

The name and address of each present tenant of the project,

5.

In the event that any of the information in subsections A through D cannot be provided, an affidavit or declaration setting forth in detail all efforts undertaken to discover such information and reasons why the information cannot be obtained;

B.

A property inspection report prepared by a licensed civil engineer, structural engineer, architect, general building contractor and/or general engineering contractor, determining the level of current building and fire code compliance for and describing the condition and estimating the useful life of each of the following elements of each structure within the project:

1.

Foundations,

2.

Structural elements,

3.

Interior walls, ceilings and floors (inspected for termite, dry rot or water damage, including toxic mold),

4.

Roofs,

5.

Drainage systems,

6.

Exterior sidings and finishes,

7.

Paved surfaces,

8.

Mechanical systems,

9.

Electrical systems,

10.

Plumbing systems, including sewer systems,

11.

Landscaping,

12.

Sprinkler systems for landscaping,

13.

Utility delivery systems,

14.

Central or community heating and air conditioning systems,

15.

Fire protection systems, including any automatic sprinkler systems,

16.

Alarm systems and property security in general,

17.

Smoke detectors and any required carbon monoxide alarms,

18.

Standpipe systems;

C.

Written certification from a licensed appliance repair contractor on the working condition of all private and common appliances and mechanical equipment;

D.

Written certification from a licensed painting contractor on the condition of all exterior painted surfaces;

E.

Written certification from a licensed roofing contractor on the condition of all roofs;

F.

A structural pest control report prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code;

G.

An acoustical test data report on the noise attenuation characteristics of existing party walls, floors and ceilings prepared by a licensed acoustical consultant, based upon a representative sampling of the units, identifying any current building code standards for exterior and interior noise transmission that cannot be met;

H.

A summary of average rents for each bedroom type of rental unit, and a detailed unit history containing the following information:

1.

Location of unit,

2.

Number of rooms,

3.

Size of unit in square feet,

4.

Rental rate during two (2) years preceding the date of submittal of the application, indicating dates of rental rate increases,

5.

Duration of occupancy of present tenants;

I.

A housing and tenant relocation report prepared by a qualified consultant approved by the planning director, containing the following information:

1.

The number of multiple dwelling rental units which will remain after the conversion,

2.

The nature and type of relocation assistance proposed by the applicant, including financial assistance and the provision of alternative housing facilities, including relocation programs,

3.

Vacancy information in rental units and the availability thereof within the City of Brisbane,

4.

The proposed schedule of meetings which the applicant plans or proposes to hold with tenants to explain the application and its ramifications to the tenants,

5.

The proposed phasing or timing schedule of conversion and sale of units,

6.

Whether existing tenants will be given any discount from otherwise applicable sales prices,

7.

Any plan for temporary displacement of tenants who purchase units,

8.

A description of the demographic composition of the tenants, including information on age, persons per unit, persons over age sixty-two (62), number of permanent disabled persons, and tenure per unit,

9.

Suitable proof of compliance with the residential tenant notification requirements in Government Code Sections 66452.17 and 66452.18.

(Ord. No. 612, § 13, 12-8-16)

A.

In addition to the requirements set forth in Chapter 17.54, notice shall be given to the residential tenants in any building proposed to be converted to condominiums, concurrent with the notice required by Section 16.16.190(D) of Title 16, Subdivisions.

B.

Copies of the staff report for condominium conversion applications shall be sent to the residential tenants of the subject building, as well as to the applicant, per Government Code Section 66452.3.

(Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 14, 12-8-16)

In addition to the findings required for the granting of a use permit as set forth in Section 17.40.060, no use permit for a residential condominium conversion (including conversion of a mixed-use development with residential units) shall be granted unless the planning commission also finds and determines that:

A.

The condominium conversion will not adversely affect the rental market by not reducing the residential rental vacancy rate to less than five percent (5%); or

B.

The condominium conversion will provide unique housing opportunities for very-low-, low- and/or moderate-income households, not currently found among comparable market-rate condominium units, that exceed the requirements of the municipal code's basic inclusionary requirement by providing one more affordable unit than required in Section 17.31.030(B)(3), based upon proposed sales prices, financing and projected monthly dues, in addition to other factors as determined by the planning commission. For example, if comparable market-rate units are currently not affordable to moderate-income households at an affordable ownership cost as defined in Section 17.31.010(A)(1), the project will include more units affordable to moderate-income households than would be required, and for projects of five (5) or fewer units, which would not be subject to the inclusionary requirement, at least one unit affordable to moderate-income households would be provided. If comparable market-rate units are currently affordable to moderate-income households, the project will include more units affordable to low-income households at an affordable ownership cost as defined in Section 17.31.010(A)(2) than would be required, and for projects of five (5) or fewer units, which would not be subject to the inclusionary requirement, at least one unit affordable to low-income households would be provided.

(Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 15, 12-8-16)

The planning commission may either grant or deny the application for the condominium design permit or use permit. If granted, the planning commission may impose such conditions and requirements as it deems appropriate in order to make all of the use permit findings prescribed in Section 17.30.060 or design permit findings prescribed in Section 17.42.040. In addition, the following mandatory conditions shall be included in every condominium design permit or use permit, as applicable:

A.

The required off-street parking spaces, excluding any guest parking spaces, shall be assigned to and included in the ownership of each individual condominium unit and shall not be sold or transferred except with the sale of such unit.

B.

For residential condominium conversions (including conversion of a mixed-use development with residential units), any hazardous and unsafe conditions identified through the inspection required per Section 17.30.045(B) shall be corrected prior to the first sale of any of the converted units.

(Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 16, 12-8-16)

A.

Any decision or determination made by the planning commission pursuant to this chapter for a condominium conversion use permit may be appealed to the city council in accordance with the procedures set forth in Sections 17.52.010 and 17.52.020 of this title, except that the appeal shall be filed within ten (10) calendar days after the date on which the decision or determination is rendered, consistent with Section 16.44.020 and Government Code Section 66452.5.

B.

Notice of any appeal regarding a use permit for residential condominium conversions (including conversion of a mixed-use development with residential units) shall be given to residential tenants of the building subject to the proposed condominium conversion, consistent with Section 16.44.050(B)(3) and Government Code Section 66452.5.

(Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 17, 12-8-16)