A copy of the declaration of restrictions proposed for recordation under the provisions of the Davis-Sterling Common Interest Development Act (Civil Code Sections 4000 – 6150). The applicant shall identify the entity that will maintain all common amenities.

If the applicant is a corporation, a copy of the articles of incorporation and a copy of the bylaws of the corporation.

Any other information deemed necessary or desirable for the purpose of assisting the planning commission in its determination on the application, and of conditions to be imposed.

Regulations. Regulations governing use, building height, required yards, building separations, signs and off-street parking and other explicit regulations where applicable, shall be those of the zoning district within which the development site is located.

Maximum Density. Maximum allowable density in any residential condominium project shall be:

Distance separating structures on same lot. In any condominium in which residential uses are proposed in any R district, the main structure shall be separated from any other main structure on the same lot by a distance of not less than one-half of the sum of the height of the two buildings, and in no case less than twenty feet.

Setbacks. The side yard setback of any residential main structure on any condominium lot of a public street shall be five feet, and the distance between the front lot boundary and the rear lot boundary is one hundred feet or less, and ten feet if the distance between the front lot boundary and the rear lot boundary is over one hundred feet.

Homeowners’ Association. As a condition of approval on the project, a homeowners’ association shall be required to maintain and provide service to common areas.

Standards. A commercial condominium subdivision map may be approved, conditionally approved, or denied, based upon an evaluation of the proposed condominium plan in relation to the following criteria:

Applications Required. Conditional use permit and tentative or parcel map applications are required. In addition to the criteria applicable for a conditional use permit and tentative or parcel map, the following criteria shall apply:

Content of Applications. The applicant shall file with the community development department, in a form provided by the community development department, a completed application for a conditional use permit pursuant to Title 17 of the King City Municipal Code, a completed application for a tentative map or parcel map pursuant to Title 16 of the King City Municipal Code, and the additional requirements pursuant to this chapter. In addition, the following reports shall be submitted as a part of the applications for condominium conversion:

That the proposed conversion is consistent with the General Plan Land Use Map and any applicable policies.

That the proposed conversion will conform to the provisions of this code in effect at the time of approval, except as otherwise provided in this section; and

That the overall design and physical condition of the condominium conversion will achieve a high standard of appearance, quality, useful life, and safety.

Location. No common gas or electrical connection or service shall be allowed. Easements for gas and electric lines shall be provided in the common ownership area where lateral service connections shall take place. Gas, electric, and water services to each unit shall be located completely within the lot lines or ownership space of each unit or within common tenant areas.

Metering. Each unit shall be separately metered for gas, electricity, and water, unless the applicant proposes that either the homeowners’ association or the property owners’ association will be responsible for these.

The developer shall provide a one year warranty to the buyer of each unit at the close of escrow covering dishwashers, garbage disposals, stoves, refrigerators, hot-water heaters, air conditioners, garage door openers; and all heating, plumbing, electrical and structural systems that are provided.

When a homeowners’ association takes over management of the development, the developer shall provide a one year warranty to the association covering swimming pools and pool equipment (filter, pumps, chlorinator, heating system) and any other appliance or item of mechanical equipment to be owned by the association. Said warranties shall include both labor and parts required to repair or replace any such item, but shall be conditioned upon the proper use and operation of the same by the buyer in accordance with manufacturer’s specifications. To secure performance of the developer’s obligation to buyers and to the homeowners’ association under these warranties, the developer shall, as each unit of the condominium is sold, deposit in escrow with a title insurance company in Monterey County an amount equal to one percent of the gross sale price of said unit, with appropriate instructions for the disbursement of said funds for the benefit of the buyer or the association, as the case may be, in the event of the breach of any such warranty and the failure of the developer to cure such breach within a reasonable period of time. Said escrow shall terminate at the expiration of one year after the date on which the last unit within the project is sold, whereupon all undisbursed funds shall be returned to the developer. All escrow fees and charges shall be paid by the developer.

Before recommending that a conditional use permit for the project be granted, the planning commission shall approve the escrow holder selected and shall obtain the approval of the city attorney with respect to the terms and conditions of said escrow and the form of the proposed escrow instructions submitted by the developer with his use permit application.

Notices to Existing Tenants. Within ten days after the filing of a conditional use permit and tentative tract or parcel map applications, or whichever is filed first, the developer shall cause written notice of the filing of said application to be delivered personally or sent by registered or certified mail (return receipt requested) to the occupant of each occupied dwelling unit in the building proposed to be converted to a condominium.

Termination of Lease or Agreement. The developer shall allow a tenant in the building proposed to be converted to terminate any lease or rental agreement, without penalty, provided that the tenant gives to the developer, either personally or by registered or certified mail (return receipt requested), a notice of his or her election to terminate within thirty days after receiving the notice referred to in subsection (b)(1) of this section.

The applicant shall perform the following additional notification of tenants:

Notice of Conversion. Notice of the proposed conversion shall be given to a prospective tenant applying for rental of a unit of the subject property before acceptance of any rent or deposit, in the form provided in Government Code Section 66452.51, as may be amended.

Notice of Filing of a Tentative Map. At least sixty days prior to the filing of a tentative map, notice of such filing shall be given to a prospective tenant applying for rental of a unit of the subject property before acceptance of any rent or deposit.

Posting of Notice. Regardless of each prospective tenant being informed of the proposed conversion prior to the finalization of any rent or lease agreement, a notice of such intended conversion shall be posted and maintained at all times in a highly visible location outside the manager’s office or unit or the rental office, if any.

Notice Subsequent to Approval of the Final Map. If a final map has been approved for a condominium project of five or more units, and a unit is thereafter rented, notice shall be given to a prospective tenant of the right of first refusal to purchase the unit, in the form provided in, and as may be required by, Government Code Section 66459, as may be amended.

A listing of tenant names and addresses, including forwarding addresses, updated regularly.

The date on which each tenant or prospective tenant began occupancy and ended occupancy.

Copies of all notices, letters, and related correspondence mailed, delivered or otherwise presented to tenants and prospective tenants and a listing of the tenants and prospective tenants who received the material.

A brief description of the occupancy status of each tenant indicating the intent of the tenant to end occupancy or to purchase his unit.

Option to Purchase. Each tenant, and any prospective tenant who rents a unit subsequent to approval of a final map, shall be given notice of an exclusive right to contract for the purchase of his respective unit upon the same terms and conditions that such unit will be initially offered to the general public or on terms more favorable to the tenant. Such right shall run for a period of not less than ninety days from the date of the issuance of the subdivision public report, or from the date of the approval of a final map if the project consists of four or less units, or in the case of prospective tenants, from the date of the notice to prospective tenants.

Limitation on Evictions. No eviction shall occur as a result of conversion for at least one hundred eighty days after the approval of a tentative map and the end of the ninety day period of the exclusive option to purchase the unit. If the units are not offered for sale to the tenants within two years after the approval of a final map, the minimum one hundred eighty day notice prior to the eviction, including a ninety day exclusive option to purchase period, shall be provided to each tenant prior to eviction from the time the units are offered for sale.

Moving Expenses. Each tenant renting a unit at the time of the approval of the tentative map and still renting a unit ten days prior to the approval of the final map, but not including prospective tenants notified pursuant to subsection (f) of this section, shall be entitled to the following moving expenses, due and payable at the time of moving.

An agreement providing for common area maintenance including recreational facilities, landscaping of the project and all public right-of-way abutting the project, and all structural, mechanical, and utility elements of the proposed project, together with an estimate of initial assessment fees anticipated for the initial and future maintenance and replacement of such facilities and elements.

A requirement that the homeowners’ association maintain all private water, sewer, and storm drainage lines serving the project, and pay all charges for water, sewer, and waste collection service for the project.

A provision granting emergency access to the project site by, and right of entry to, the city.

A provision granting to the city the right to enforce the declaration.

The assignment of parking and storage spaces.

A grant of all easements and cross-easements for access, utilities, and maintenance necessitated by the conversion.

A requirement that the owners’ association provide or require adequate fire insurance protection for the project, including each structure, each unit and its contents, and the common area and facilities.

A provision prohibiting the alteration of any party wall or fixture along any party wall, or the doing of anything which may impair its integrity as a fire wall; and

A provision granting the city the right to veto any amendment to the declaration with respect to any of the requirements of this subsection.