The procedures set forth in this article shall be utilized for all new condominium projects in all zones within the City of Escondido. The conversion of residential units into condominium ownership shall be subject to supplemental standards as applicable. It shall apply to condominiums as defined in Section 783 of the Civil Code, community apartment projects and stock cooperatives as defined in Sections 11003.2 and 11004 of the Business and Professions Code, and to the conversion of existing structures to condominiums, community apartment projects or stock cooperatives. For the purpose of this article, community apartment projects and stock cooperatives shall be synonymous with the term condominium or condominium conversion, as appropriate. The requirements of this chapter are in addition to subdivision ordinance requirements contained in Chapter 32.

If required pursuant to section 33-951, the planning commission shall review the application for a condominium permit and recommendation of the planning division. A public hearing on the application shall be held in accordance with Division 6 of Article 61 of this chapter. A recommendation shall be forwarded to the city council if the action includes discretionary permits for which the city council is the decision-maker.

If required pursuant to section 33-951, after the submission of a formal recommendation by the planning commission, the city council shall review the application and recommendation during a public hearing held in accordance with Division 6 of Article 61 of this chapter, and shall approve, modify or disapprove the condominium permit.

Condominiums approved and authorized shall be developed or upgraded to comply with the city's current design review, building, seismic, drainage, engineering, zoning and fire protection standards for new construction. Limited departures, in accordance with applicable building code provisions, may be granted for condominium conversions providing that proposed conditions will substantially conform to current requirements, feasible upgrades have been provided, and no health and safety issues will exist.

Condominium permit approvals shall comply with the findings outlined in section 33-953 of this article. Additionally, minimum standards for residential condominium units include the following:

As part of the application submittal for any requested conversion to condominium ownership, a building and site evaluation report shall be submitted to the planning division, detailing compliance with current zoning, building, engineering, seismic, drainage and fire codes, the condition of existing improvements, and a schedule for recommended replacement and upgrades. Each report shall evaluate approved project plans as well as as-built conditions. It shall identify and assess any exceptions from current codes and recommend remedial measures. The report shall include estimated remaining useful life and replacement cost of roofs, driveways, foundations, plumbing, electrical, heating, air conditioning, and other mechanical and structural systems. The report shall also document the presence or absence of lead-based paint and asbestos and outline mitigation as appropriate. It shall also evaluate the potential for incorporating arc-fault circuit interrupters, GFCI outlets per the current California Electrical Code, and sleeping room egress door or window openings that conform to current code requirements. Each component of the report shall be prepared by a professional engineer or qualified professional licensed in each subject area they address.

Requests for condominium conversions shall not be deemed complete until the following has been completed:

The applicant is hereby required to establish a fund and deposit with the owners' association, a minimum sum of $1,000 per unit in any condominium conversion project. Higher per unit deposits may be required based on the condition of the facility, the nature of the required improvements, and the number of condominium units. Said deposit shall be used solely and exclusively as a contingency fund for emergencies which may arise relating to open space areas, exterior portions of units, and such other restoration or repairs as may be assumed by the owners' association or management corporation. Said funds shall be administered by the city until the unit owners take majority control of the association.

All required modifications and upgrades required of the condominium permit shall be secured and bonded or completed prior to recordation of the final subdivision map, to the satisfaction of the director of community development and city attorney. All necessary improvements shall be installed to the satisfaction of the director of community development prior to granting occupancy. The installation of improvements and grant of occupancy may be phased on a building-by-building basis consistent with the associated final subdivision map. Required security may be released incrementally as building occupancies are granted.

The developer shall be required to file with the city, a declaration of covenants, conditions and restrictions, pursuant to section 33-1108.

The expiration or extension of a condominium permit shall be concurrent with the accompanying tentative map and in accordance with Chapter 32 of this code.

Minor changes to a proposed condominium project may be approved administratively on a case-by-case basis based on the nature and scope of the proposed changes, or subject to planning commission approval, provided changes are consistent with the intent and purpose of the condominium permit approval. The director of community development shall determine the appropriate application type and fee.

The filing fee for a condominium permit shall be in the amount established by resolution of the city council. Fees shall also include copying and distribution costs associated with providing copies of the project staff report to existing tenants.

The planning division will include in its staff report on all condominium conversion applications, statistical information regarding the number of apartment units converted to condominiums, and the percentage of multiple residential housing unit stock that has been converted.

Condominium permits for the conversion of existing units are subject to all state-mandated notice requirements including: