A. Assure adequate maintenance of condominiums, as their fragmented ownership may result in conditions of disrepair that are inimical to the public health, safety, and welfare.

B. Assure that condominium projects are capable of satisfying the more demanding physical needs of long-term owners in contract to the lesser expectations of short-term rental occupants.

C. Maintain the availability of an adequate supply of multifamily rental housing. In a period of extreme scarcity of multifamily rental units, conversion of such units to condominiums would work a hardship on tenants who are unable to purchase the units they occupy and are unable to find equivalent replacement housing in the Lower Ross Valley.

D. Provide for maintenance of rental units within projects that are converted, especially for the handicapped and elderly. (Ord. 1030 § 2(12), 2018; Ord. 667 § 1 (part), 1981)

“CC&Rs” refers to a condominium’s covenants, conditions and restrictions.

“Community apartment” is defined as a development in which there is an undivided interest in the land coupled with the right of exclusive occupancy of an apartment situated therein. Community apartments shall be subject to the same restrictions and conditions set forth in this chapter for condominiums.

“Condominium” is defined as set forth in Civil Code Section 4125. Condominium, as used herein, includes “community apartment,” “stock cooperative,” and “limited equity cooperative.”

“Condominium conversion” is defined as a change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined as a condominium project or a community apartment project or a stock cooperative or limited equity stock cooperative, regardless of the present or prior use of such land or structures and whether improvements have been made or are to be made to such structures.

“Condominium project” is defined as the entire parcel of real property, including all structures thereon, to be divided into two (2) or more units for the purpose of constructing or converting existing structures or condominium units.

“Limited equity cooperative” is as defined by Health and Safety Code Section 33007.5, and as same may from time to time be amended. Limited equity cooperatives shall be subject to the same restrictions and conditions set forth in this chapter for condominiums.

“Low-income family or household” means a family whose income does not exceed eighty (80) percent of the median family income for the San Francisco Standard Metropolitan Statistical Area (SMSA) as established annually by the U.S. Department of Housing and Urban Development (HUD), with adjustments for smaller and larger families.

“Moderate-income family or household” means a family whose income is greater than eighty (80) percent and does not exceed one hundred twenty (120) percent of the median family income for the San Francisco Standard Metropolitan Statistical Area (SMSA) as established annually by the U.S. Department of Housing and Urban Development (HUD), with adjustments for smaller and larger families.

“Project” means the same as condominium project, defined above.

“Stock cooperative” is a corporation formed for the purpose of holding title to improved real property with shareholders receiving the right of exclusive occupancy to a portion of the real property and is more particularly defined in Business and Professions Code Section 11003.2. A stock cooperative shall be subject to the same restrictions and conditions set forth in this chapter for condominiums.

“Tenant” is defined as a person who rents, leases, or subleases, through either a written or oral agreement, real property from another.

“Unit” before condominium conversion is any one rental unit in the project. After conversion unit is the element of a condominium conversion project that is not owned in common with the other owners of the project, or is an apartment in a community apartment project or stock cooperative to which an owner of an undivided interest in common in a community apartment project has a right of exclusive occupancy. (Ord. 1030 § 2(12), 2018; Ord. 667 § 1 (part), 1981)

A. Structures must meet or must be corrected to meet the requirements of the Uniform Building Code Chapter 35 requirements relating to the transmission of sound.

B. Enclosed and secure storage space for the storage of bulky goods shall be provided within the project in an amount equal to one cubic foot of storage area for each three (3) feet of gross floor area of the unit, excluding any garage or carport. The minimum clear dimensions of any such space shall not be less than six (6) feet by six (6) feet by eight (8) feet, and the space provided shall be in addition to the bathroom, bedroom, linen, or kitchen cupboard, or closet space, normally expected within each unit.

C. Either laundry facilities shall be provided within the individual unit or a number of washers and dryers adequate to meet the needs of the future tenants (as determined by the City) shall be provided within common areas of the project.

D. Condominium conversion projects shall be repaired or modified to conform to the minimum standards of the Uniform Building Code except where waived by the Planning Commission with the consent of the City Chief Building Official as not necessary to fulfill the intent of this chapter.

E. Design and Improvement Standards. The design of site improvements shall comply with the design improvement standards of Larkspur Municipal Code Chapter 17.16.

F. The site landscaping and exterior lighting shall be approved by the Planning Commission.

G. All public utilities shall be independently metered to each unit except in the case of existing buildings where appropriate agreements for the distribution of costs are included in the project’s CC&Rs.

H. A sinking fund shall be established in an amount satisfactory to the City Engineer for the maintenance and repair of all commonly owned structures, mechanical equipment, open space, common guest parking and landscaped areas. (Ord. 1069 §§ 5, 6, 2023; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(48), 2007; Ord. 933 § 3, 2004; Ord. 667 § 1 (part), 1981)

A. Property Owners’ Association. A property owners’ association shall be established for all condominiums by recordation of the following:

B. The City Approval of CC&Rs. The condominium CC&Rs shall be submitted to the City for approval at the time of the use permit application required by Larkspur Municipal Code Section 18.38.070 or with the submittal of the condominium tentative subdivision map if said use permit is not required. The CC&Rs must first be approved as to form and content by the City Attorney and then by the Planning Commission at the time the Commission takes action on either the use permit or the tentative map.

C. Required Provisions. The condominium CC&Rs shall contain but not be limited to the following provisions:

A. Rental and Tenant Information. The following information shall be submitted:

B. A report describing the project’s compliance with the most recently adopted Uniform Building Codes (fire, building, electrical and plumbing). The report shall also contain estimates of the remaining useful life of the following elements: structure; walls; roofs; paved surfaces; heating and air conditioning systems; hot water heaters; and, where they are reasonably accessible for inspection, other electrical, plumbing and mechanical equipment. This report shall be prepared by a contractor, architect, or engineer who is licensed in the element they are reviewing.

C. A comprehensive report detailing the repairs and improvements the applicant intends to make to the premises.

D. A report by a qualified acoustical consultant, based on field tests that assesses the compliance of the existing units with the sound transmission requirements of Uniform Building Code Chapter 35 for walls, floors and ceilings that separate the proposed dwelling units. The field studies will be based on a randomly selected number of units that are representative of the types and arrangement of units in the project. At least ten (10) percent of the units shall be tested, but no fewer than two (2), whichever is the greater number. The report shall contain details of measures that may be necessary to bring the units up to code requirements.

E. A map of the project based on a topographic and boundary survey, prepared by a registered civil engineer or licensed land surveyor, which shows the following information:

F. Floor plans of each unit, with a table indicating the number of bedrooms and floor areas of each type unit and the number of each unit.

G. A written description of the proposed project’s organization, including the use and control of the common areas and recreation facilities.

H. A structural pest control report prepared by a licensed pest control operator pursuant to Business and Professions Code Section 8516.

I. The subdivider’s proposed program to accommodate existing tenants of units to be converted, with specific reference to relocation assistance, availability of suitable accommodations in Larkspur and the rest of the Bay Area.

J. Sales information, including, but not limited to, the following information:

K. A description of utility service (e.g., master meter or separate unit meter, central or separate hot water and space heating).

L. Any additional information required by the Planning Department or Planning Commission.

M. The Community Development Director may waive any of the above required information that is deemed unnecessary. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 667 § 1 (part), 1981)

A. Private Open Space. An outdoor private open space shall be provided contiguous to each residential ground level unit.

B. 

C. Retention of Rental Units. Forty (40) percent of the units in the condominium shall be retained in perpetuity as rental apartments. The project CC&Rs shall be revised to provide assurance to this end and also for the maintenance and management of the rental units. The provision of units at low-income rents will satisfy the requirement in subsection (B) of this section to the extent the number of units so rented at low-income limits meet or exceed the number of units required in subsection (B) of this section.

D. Elderly and Handicapped Tenants.

E. Prohibiting Discrimination. The project CC&Rs shall contain a provision that prohibits discrimination against families with minor children in either rental or sale of units. This condition may be deleted by the Commission where its application would not be warranted because of the type of project (e.g., senior housing) or because of the physical construction of the project.

F. The developer must to the fullest extent possible make physical modifications to ten (10) percent of the project units to meet the special needs of the elderly and the mobility of handicapped. The commission shall review the changes or proposed changes to the project at the time of the tentative subdivision map to ensure substantial compliance with this condition.

G. If temporary relocation of any tenant is necessary for renovation of a unit between the date of submission of the use permit application and the date established for permanent relocation by subsection (D) of this section, then the applicant shall find equivalent substitute housing for that tenant for the period of renovation, and shall pay to that tenant any additional rent of the substitute housing and any moving expenses.

H. For permanent relocation each tenant not remaining in the project shall be allowed possession for ninety (90) days past the date of recordation of the final map or parcel map, or until the expiration of that tenant’s lease, whichever is longer. The applicant shall contract with a relocation service acceptable to the Community Development Director to provide permanent relocation services for each tenant or tenants, and the applicant shall bear the cost of that service and the actual moving expenses of each tenant or tenants for any move within fifty (50) miles of the converted units. The applicant shall also pay a moving expense allowance equivalent to the cost of moving fifty (50) miles from the converted units to all tenants moving further than fifty (50) miles.

I. A sinking fund shall be established in an amount satisfactory to the City Engineer for the maintenance and repair of all commonly owned structures, mechanical equipment, open space, common guest parking and landscaped areas.

J. The applicant must apply for a tentative subdivision map within one year from the approval of this use permit or the permit is null and void unless it is extended for no more than one additional year by the Planning Commission. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 667 § 1 (part), 1981)

A. The proposed condominium conforms to the Larkspur General Plan.

B. The proposed condominium conforms or will be modified to conform to the requirements of Larkspur Municipal Code Chapter 18.32, R-3 Third Residential District Regulations, and Larkspur Municipal Code Chapter 18.56, Off-Street Parking and Loading, and the provisions of this chapter of the Larkspur zoning ordinance; the provisions of the latest adopted editions of the Uniform Building Codes; and Larkspur Municipal Code Chapter 17.16, Design and Improvement.

C. The vacancy rates used to determine the right to convert apartment projects to condominiums have not been artificially increased.

D. There has not been any systematic discrimination against the elderly and the handicapped during the last three (3) years in the past rental practices of the project.

E. The proposed landscaping and exterior lighting plans are acceptable to the Planning Commission.

F. The conversion of the apartment project to condominiums will not be detrimental to the health, safety, comfort, or convenience, or general welfare of persons working or residing in the neighborhood or the project, nor be injurious to property or improvements in the neighborhood.

G. The conversion of the apartment project will not be detrimental to the general welfare. (Ord. 1069 § 6, 2023; Ord. 1030 § 2(12), 2018; Ord. 933 § 3, 2004; Ord. 667 § 1 (part), 1981)