As used in this chapter, the following definitions shall be used unless otherwise required by context:

A.

"Association" means the homeowners' association for the operation and maintenance of the project, whether incorporated or unincorporated.

B.

"CC&Rs" mean covenants, conditions and restrictions filed or to be filed in connection with the use of the condominium, open space and/or homeowners' association.

C.

"City" means the city of Daly City.

D.

"Common areas" means the entire project excepting all units therein granted or reserved.

E.

"Community apartments/cooperative apartments" means a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located thereon.

F.

"Condominium" means an estate in real property consisting of undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include in addition a separate interest in other portions of such real property.

G.

"Conversion" means the change from single ownership of existing multiple units to individually owned units and common area, stock cooperatives, community apartments or communal ownership.

H.

"Project" means the entire parcel of real property divided, or to be divided, into condominiums, including all structures thereon.

I.

"Subdivision" means a subdivision as defined in Section 66424 of the Government Code, or as subsequently amended.

J.

"To divide" means to divide the ownership thereof by conveying one or more condominiums therein but less than the whole thereof.

K.

"Unit" means the elements of a condominium which are not owned in common with the owners of other condominiums in the project.

(Ord. 900 § 1 (part), 1980: prior code § 26-100)

The provisions of this chapter shall apply to property divided, or to be divided, into two or more units or to be converted into condominiums or community apartments, and shall be subject to the requirements of Section 1350 et seq., of the California Civil Code, and Section 66410 et seq., of the California Government Code (Subdivision Map Act), Title 16 of this code.

(Ord. 900 § 1 (part), 1980: prior code § 26-101)

A.

A use permit pursuant to Chapter 17.44 and a subdivision map pursuant to city and state codes shall be required for the use and development of any lot or parcel of real property for condominiums, conversions, stock cooperatives, community apartments of communal ownership, irrespective of the area or size of such lot or parcel.

B.

A use permit application and subdivision map shall be filed concurrently.

(Ord. 900 § 1 (part), 1980: prior code § 26-102)

Every applicant making application for a permit or report of any kind mentioned in this chapter shall, at the time of making application, pay to the city a nonrefundable fee, to be established by the city council by resolution.

(Ord. 943 § 1, 1981: Ord. 900 § 1 (part), 1980: prior code § 26-113)

In addition to the requirements of Chapter 17.44, each application for the approval of a use permit for condominiums, conversions, or communal ownership shall include the following information and documents:

A.

A plan with at least the following details shown to scale:

1.

Location, height, the gross floor area, proposed structure,

2.

Location, use and type of surfacing of all open storage areas,

3.

Location and type of surfacing of all driveways, pedestrian ways, vehicle parking areas and curb cuts,

4.

Location, height and type of material for walls, fences and hedges,

5.

Location of all landscaped areas, type of landscaping and a statement specifying the method by which the landscaping area shall be maintained,

6.

Location of all recreation facilities and a statement specifying the method of maintenance thereof,

7.

Location of off-street parking facilities to be used in connection with each condominium unit,

8.

Floor plan for each type of unit,

9.

Floor plans for each level, including garage levels;

B.

Three copies of plans and elevations of all structures showing architectural features, types and materials of construction;

C.

Complete set of "as-built" drawings noting any proposed open-space or off-street parking modifications;

D.

Property report describing the condition and useful life of the roof, foundation, paving, structural elements, floor, walls, plumbing, electrical, mechanical noise and energy insulation, sprinklers, alarms, elevators and sound transmission of each unit;

E.

Proposed sale price range of each unit and the terms of any proposed bonus or discount;

F.

Statement of the developer's anticipations regarding the financing of the units upon sale, whether the project will involve prearranged financing, whether such financing will be federally insured and the proposed down-payments;

G.

Reports from the city's building, fire and planning departments on the project's compliance with current city code and ordinance standards;

H.

A copy of a maintenance plan which clearly specifies methods and standards for performance of common responsibilities and maintenance for all common areas and equipment and fees to be assessed for such purposes. The maintenance plan shall include a sinking fund for major repairs and extraordinary expenses, (landscaping, maintenance and capital improvements);

I.

Three copies of covenants, conditions and restrictions (CC&Rs) that will apply to the proposed development, which CC&Rs shall be reviewed by the planning division and subject to the approval of the city attorney and shall include, but not be limited to, the following provisions:

1.

Provisions in a manner reasonably satisfactory to the city for the maintenance of common areas of any such project by the city in the event of default in the maintenance of such common areas by individual owners of the units and/or homeowners' association and for reimbursement to the city for any costs incurred thereby,

2.

In residential condominium projects, the covenants, conditions and restrictions shall include provisions restricting use of each residential unit to a use as a single-family residence,

3.

Provisions establishing a plan for assignment of off-street parking spaces and enforcement of parking regulations and the non-changing of same without the approval of the city council of city,

4.

Provisions for the payment of charges for collection of garbage where the project, prior to conversion, had common areas for garbage collection;

J.

Three copies of any and all by-laws, articles of incorporation and any and all rules and regulations for the use of the condominiums or common areas;

K.

One copy of any and all documents filed or to be filed with the real estate commissioner;

L.

At the time of filing for a conversion, subdivider shall provide the city with the names and current addresses of tenants occupying each unit over the preceding twelve months;

M.

Where applicable, the following shall also be required:

1.

Structural pest control report,

2.

A copy of the notice of intention to convert or to change to communal ownership sent to each tenant pursuant to Section 17.37.090,

3.

A copy of the report describing all relocation and moving assistance the subdivider will take to ensure the successful relocation of each tenant in the event that conversion takes place pursuant to Section 26-107 17.37.100,

4.

Certification or verification that all tenants have or will receive the report describing the subdivider's relocation assistance program for tenants, pursuant to Section 17.37.100,

5.

Certification or verification that all tenants received the notice of intention to convert or change to communal ownership and the written information accompanying the notice pursuant to Section 17.37.090 and that all prospective and/or new tenants will receive the notice and information promptly,

6.

Rental history detailing current or lowest rental rates, rental rates for the preceding two years and the names of all current tenants and subsequent new tenants.

(Ord. 900 § 1 (part), 1980: prior code § 26-103)

Prior to the approval of a use permit for condominiums or condominium conversions, the planning commission and city council shall make the findings required by Section 17.44.050, and the following findings:

A.

That the condominium project, conversion, stock cooperative or communal ownership will not have a detrimental effect on sound community planning, the economic, ecological, cultural and aesthetic qualities of the community, and on public health, safety and general welfare;

B.

That the overall impact on schools, parks, utilities, neighborhood streets, traffic, parking and other community facilities and resources will not be detrimental;

C.

That tenants over the twelve months preceding the filing of any application required for a conversion shall not have been encouraged to vacate in order to bring about the conversion.

D.

That a vacancy rate of five percent or more, as reported by the California Department of Finance (DOF), has occurred in Daly City during the DOF reporting year preceding any condominium conversion application.

(Ord. 900 § 1 (part), 1980: prior code § 26-104)

(Ord. No. 1400, § 1, 10-12-2015)

Prior to approval or conditional approval of a subdivision for condominiums, conversions, stock cooperatives, community apartments or communal ownership, the planning commission shall make the findings required by Sections 66427.1 and, as applicable, Section 66474 of the State Subdivision Map Act and any other findings required by the laws of the state.

(Ord. 943 § 2, 1981: Ord. 900 § 1 (part), 1980: prior code § 20-105)

The development standards shall be as provided for in the base zoning district.

(Ord. 900 § 1 (part), 1980: prior code § 26-109)

At least sixty days prior to filing a use permit or tentative subdivision map for a conversion, the subdivider shall notify all tenants, individually and in writing, of the building to be converted, the notice to contain the following information:

A.

That the subdivider intends to convert the building;

B.

That the subdivider intends to file an application for a use permit and tentative subdivision map with the city and specifying the approximate date of the filing;

C.

That no current tenant's rent will be increased for six months prior to the date of issuance of this notice until tenant purchase of the unit or tenant relocation in other accommodations takes place; provided, however, that this requirement shall be effective for an additional period not to exceed twelve months from date of sending notice of intention to convert;

D.

That the tenants, as of the date of the application filing, have an exclusive preemptive right to purchase a unit upon the same or more favorable terms and conditions than initially offered to the public, with such right being irrevocable for ninety days after recordation of final map or approval for sale by the State Commissioner of Real Estate, whichever comes later;

E.

That tenants will be given seven days' prior written notice by the subdivider of the date, place and time of any meeting held on the use permit and tentative subdivision map by the planning commission and/or city council and subdivider shall file verification of the sending of the notice prior to or at the hearing on the application.

(Ord. 900 § 1 (part), 1980: prior code § 26-106)

Prior to filing a use permit or subdivision map for a conversion, the subdivider shall cause to be prepared a report describing all relocation and moving assistance and information to be provided to each tenant and all steps the subdivider will take to ensure the successful relocation of each tenant in the event that conversion takes place. The report, to be given to all the tenants, shall specifically state what assistance will be provided to the elderly, handicapped and other tenants who may encounter difficulty finding new quarters. The subdivider shall also consider procedures that would allow hard to relocate tenants to remain as tenants, or that would give such tenants additional time for permanent relocation after termination of tenancy due to the conversion. This provision shall apply only to tenants as of date of notice of intention to convert, pursuant to Section 17.37.090.

(Ord. 900 § 1 (part), 1980: prior code § 26-107)

In addition to the requirements set forth in Sections 17.37.020, 17.37.090, 17.37.100 and 17.37.120, all condominiums, stock cooperatives, community apartments or communal ownership shall conform to the following requirements:

A.

There shall be no minimum number of units required for a condominium project that involves the creation of a new unit;

B.

For applications proposing the conversion of a rental apartments building to condominiums, the minimum number of existing units within the building at the time of the application submittal shall be forty.

C.

The parcels must be contiguous to each other and all parcels must lie within the corporate limits of the city;

D.

Each condominium unit shall have separate utility meters for gas and electricity;

E.

The structure shall conform to all interior and exterior sound transmission standards of the Uniform Building Code, state laws and/or regulations and city ordinances. In such cases where present standards cannot reasonably be met and if a variance is granted, the planning commission and/or city council must require the applicant to notify potential buyers of the noise deficiency currently existing within the units.

(Ord. 943 § 4, 1981)

(Ord. No. 1400, § 2, 10-12-2015)

In addition to the requirements set forth in Sections 17.37.020, 17.37.090, 17.37,100 and 17.37,110 of this chapter, all conversions to condominiums, stock cooperatives, community apartments or communal ownership shall conform to the following requirements:

A.

The city may require structural or mechanical changes reasonably necessary to adequately protect the public health, safety and welfare;

B.

The project converted shall:

1.

If refurbished or restored, meet all building and other code requirements applicable at the time of filing for the conversion; and

2.

Meet all current off-street parking standards for new construction except that an exception may be granted on finding of the following:

a.

That no public streets are within the area of the subdivision,

b.

That there will be no impact upon existing traffic, neighboring streets or parking areas by virtue of the conversion,

c.

That the parking in existence met the applicable laws at the time of construction;

3.

A report shall be filed with the application in content and form satisfactory to the city planner showing the extent to which the proposed conversion will not comply fully with the building and zoning codes and this chapter at the time of filing the application therein, and requesting exceptions from the requirements of the code provisions and/or this chapter and the reasons therefor. Applicant must demonstrate specific hardship in connection with the proposed project;

C.

In projects where the streets and parking places are on private property prior to conversion, the city may require that the streets and parking areas be dedicated to city for such use and may impose such other conditions as it deems necessary;

D.

If a governmental agency or charitable not for profit entity is leasing one or more units, then and in that event, the developer must provide the following:

1.

In the event there is an existing lease, the lease shall be extended for a period of ten years commencing at the expiration date of the existing lease;

2.

If there is a month-to-month tenancy, there shall be an extension of ten years of said tenancy from the date of approval of the conversion;

3.

The terms and conditions for said additional lease period shall be the same terms and conditions in existence as to any existing lease;

4.

The base rent shall remain the same as the base rent at the time of the termination of the existing lease or at the time of the approval of all entitlements hereunder, in the event there is no lease;

5.

The developer shall be entitled to an increase in the base rent during said extended period by no more than the percentage increase of the May to May San Francisco Bay Area CPI over the preceding period. Said increase shall not occur more than once in every twenty-four consecutive month period after the commencement of said extended period.

(Ord. 943 §§ 3, 5, 1981: Ord. 900 § 1 (part), 1980: prior code § 26-108)

A.

In all condominiums, stock cooperatives, community apartments or communal ownership where there is not less than one hundred nor more than five hundred units, the developer, except as to current tenants, shall not market more than the number of units per year as determined as follows:

1.

Pursuant to the formula set forth in subsection (B), subdivision (1) (a), (b) and (c) hereof;

2.

In the event that the turnover rate is less than thirty-three and one-third percent as set forth in the formula in subsection (B), subdivisions 1(a), (b) and (c) herein, then and in that event the developer shall be entitled to market not more than thirty-three and one-third percent each year.

B.

In the event the developer has under his control or ownership five hundred or more contiguous units, then such developer shall not be allowed to apply for any increment of less than five hundred units.

1.

The developer, except as to current tenants, shall not market more than a number of units per year determined by the following formula:

a.

Developer shall supply city with the turnover rate of the units in its project for the past two calendar years preceding the filing of the application;

b.

The total number of units to be converted shall be multiplied by the percentage of the average of the turnover rate for the past two calendar years;

c.

The number of units so determined may be marketed each succeeding year by the developer.

C.

Developer may market more than the base amount per year per increment if the following criteria is met:

1.

That two additional per increment units may be marketed for every unit that is occupied by persons fifty years and older who become owners of such units;

2.

That two additional units per increment may be marketed for every unit that is occupied by families with children sixteen years of age and younger who become owners of such units;

3.

That two additional units per increment may be marketed for every unit that is occupied by handicapped persons who become owners of such units.

(Ord. 943 § 6, 1981: Ord. 900 § 1 (part), 1980: prior code § 26-111)

A.

Where exceptional conditions, practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this chapter may result from the strict application of certain provisions hereof, a variance may be granted as provided by this section.

B.

Application for a variance shall be made on a prescribed form.

(Ord. 943 § 6, 1981*: Ord. 900 § 1 (part), 1980: prior code § 26-111)

* Editor's note: Ord. 943 contained two Sections "6."

A.

A public hearing by the planning commission shall be held not less than thirty nor more than ninety days after filing of the application and any request for variance in connection therewith, and notice of such hearing shall be given in the same manner as provided by Section 17.44.030.

B.

The planning commission may designate such conditions in connection with the variance permit as it deems necessary to secure the purposes of this chapter and may require guarantees and evidences that such conditions are being or will be complied with.

C.

Upon completion of the public hearing, the planning commission shall make a written report to the city council, setting forth the recommendations and findings of the planning commission and shall notify applicant in writing of its report.

D.

Upon receipt of the planning commission's report, the city council may, in its discretion, affirm or deny the recommendation of the planning commission. The city council may designate and establish such conditions as it deems necessary in connection with the proposed variance, whether such conditions are different from, less than or in addition to those suggested by the planning commission.

E.

Despite any provision in this chapter to the contrary, failure of the city council to act upon any application for a variance shall not, under any circumstance, constitute an approval of such application.

F.

Any variance permit granted in accordance with the terms of this chapter may be revoked if the terms and conditions imposed by the planning commission or city council are violated.

(Ord. 943 § 7, 1981; Ord. 900 § 1 (part), 1980: prior code § 26-112)