The intent and purpose of this chapter is to establish standards for condominiums in order to:

A.

Provide standards to regulate the design or location of buildings in a condominium project pursuant to Section 66427 of the Subdivision Map Act;

B.

Provide a method to approve separate ownership of units within multiple unit buildings or upon a parcel of land containing more than one unit;

C.

Regulate the design and location of buildings in condominium subdivisions to insure that the quality of development for condominiums is reasonably consistent with other forms of development intended for separate ownership;

D.

Provide for conversion of existing developments to condominiums or community apartments, provided such conversion meets the intent of this chapter and standards which apply to units constructed as condominiums or community apartments;

E.

Ensure that new forms of ownership of multiple-family dwelling or commercial space structures maintain consistence with the historic and architectural character of the city.

(Ord. 87-2 § 25.01 (part), 1987)

A.

For purposes of this chapter, "condominiums" includes community apartments and conversion of existing developments to condominiums or community apartments.

B.

The provisions of this chapter shall apply to condominiums and to community apartments as defined in Section 783 of the Civil Code and Section 11004 of the Business and Profession Code and to the conversion of existing structures to condominiums or community apartments. All condominiums and community apartments shall be and comply with all of the requirements of a residential planned unit development as set out in the "-PD" planned development combining district in this title.

(Ord. 87-2 §§ 25.01 (part), 25.020, 1987)

A.

A condominium tentative map shall be required for all condominiums to be constructed or converted in the city. Application for a condominium tentative map shall be made to the city council through the planning commission (or as appropriate) in accordance with the procedures set forth in this chapter.

B.

An application for a condominium tentative map may be made only by the record owner or owners of the property or with the written permission of the owner(s) on which the development is proposed to be constructed. The application shall be accompanied by plans in sufficient detail to allow review pursuant to this chapter, a legal description of the property involved and an explanation and description of the proposed use.

C.

The application shall be accompanied by a tentative map which is in accordance with Title 16 of this code. Approval of tentative subdivision or parcel map is required in order to proceed with development of a condominium.

D.

The application shall be accompanied by drawings indicating the site plan of the proposed buildings and a landscape plan, all in accordance with Chapter 17.80 of this title.

E.

All applications shall include a conversion or construction schedule. If the applicant contemplates the conversion or construction of a condominium in phases, the application shall so state and shall include a proposed construction schedule.

F.

If the project is to provide open areas and recreational facilities to be used by the occupants of two or more dwelling units, it shall be stated in the application and the application shall include a plan, including conditions, covenants and restrictions, acceptable to the city, for the preservation and maintenance of the common elements of the property.

G.

If the applicant proposes to convert existing buildings to a condominium, the plans shall reflect the existing buildings and show all proposed changes and additions.

(Ord. 87-2 § 25.030, 1987)

The filing fees for a condominium tentative map shall be as established by the city council.

(Ord. 87-2 § 25.040, 1987)

The planning commission shall consider the application for condominiums and shall report its recommendation to the city council.

(Ord. 87-2 § 25.050, 1987)

The city council may approve, conditionally approve or disapprove a condominium tentative map. Such determination shall be made in accord with this title, the General Plan and any applicable specific plans.

(Ord. 87-2 § 25.060, 1987)

After approval of the condominium tentative map, the applicant shall prepare a reproducible copy of the approved condominium site plan known hereafter as the "final condominium plan," which shall incorporate all requirements of the condominium tentative map approval. The final condominium plan shall be submitted to the city council for approval. Prior to final approval of the condominium plan, the council shall determine that all applicable requirements have been incorporated into the plan and that all conditions of approval have been satisfactorily met or otherwise guaranteed.

(Ord. 87-2 § 25.070, 1987)

The expiration, extension or revision of a condominium tentative map shall be within the continuing jurisdiction of the commission, notwithstanding any other applicable local ordinance provision.

(Ord. 87-2 § 25.080, 1987)

A.

Condominiums with four or less units shall be reviewed in accordance with the provisions of this section.

B.

A site plan for such projects, which shall include all design criteria and development standards as contained in this chapter shall be submitted to the planning commission which may approve, conditionally approve or disapprove the plan. The planning commission's decision may be appealed to the city council within fifteen days of the date of the action of the planning commission.

C.

An application for a site plan shall require approval by the planning commission of the site plan, all design criteria and development standards, and all of the architectural style in order to proceed with development of a condominium of four or less units.

(Ord. 87-2 § 25.090, 1987)

The following design criteria shall apply to all condominiums:

A.

The overall plan shall be comprehensive, embracing land, buildings, landscaping and their interrelationships, and shall conform to adopted plans of all governmental agencies for the area in which the proposed development is located.

B.

The proposed development shall be compatible with existing and planned land use and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the neighborhood or community.

C.

The plan shall provide for adequate circulation, off-street parking, open recreational areas and other pertinent amenities. Buildings, structures and facilities in the parcel shall be well integrated, oriented and related to the topographic and natural landscape features of the site.

D.

The internal street system shall not be a dominant feature in the overall design, but rather it shall be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of any common areas and facilities.

E.

Common areas and recreational facilities shall be located so as to be readily accessible to the occupants of the dwelling units and shall be well-related to any common open spaces provided.

F.

Pedestrian circulation shall be safe, properly lighted and integrated to provide walkways between public streets, parking areas, common recreation areas and the units.

G.

Architectural review and site plan approval shall be required pursuant to the provisions of this title.

(Ord. 87-2 § 25.100, 1987)

In addition to any requirements that may be imposed as conditions of approval for a condominium, a condominium development for residential structures shall meet all development standards of the underlying zone.

A.

Setbacks. Special building setbacks or yard requirements from private streets, private driveways and open parking areas are required as follows:

1.

All structures shall be set back from the right-of-way of a private street at least ten feet. A "private street" is a private driveway with a length greater than three hundred feet if closed at one end, or six hundred feet where access is provided at both ends, and serving thirty or more parking spaces, or serves the purpose of a public street as determined by the city engineer.

2.

Building setbacks from private driveways shall not be less than ten feet.

3.

Building setbacks from open parking areas shall not be less than five feet.

B.

Parking. Parking lot construction shall be constructed in accordance with the standards of Chapter 17.80, except that additional guest parking may be required based on a case-by-case review of projects.

C.

Refuse Area. Centralized refuse pickup areas shall be required for developments with five or more units unless condominium plans specifically show provisions for individual pickup. Centralized refuse pickup areas shall be constructed of three and one-half-inch portland cement concrete floor, six-foot-high walls and solid gate, unless alternatives are specifically approved as part of the condominium tentative map. The centralized refuse area shall be accessible to refuse trucks and not readily visible from a public street. The refuse areas shall be designed to accommodate a three-cubic-yard container for every ten living units.

D.

Storage Space. Storage space of at least two hundred forty cubic feet in area shall be provided for each unit. This space shall be enclosed, meet building code requirements, and be conveniently accessible to the outdoors. The storage space may be designed as an enlargement of the required covered parking structure provided it does not extend into the area of the required parking stall. This requirement is in addition to closets and other indoor storage areas that are normally part of a residential dwelling unit.

E.

Laundry Facilities. Laundry facilities are required individually for each unit. Plumbing and utilities for such facilities shall not be located within a wall common with a dwelling unit.

F.

Open Recreation Areas. Open recreation area(s) are required and shall be situated at each unit as a privately owned area, separate area, separate from the units for common use, or in combination of private and common. Open recreation area(s) shall be provided as follows:

1.

Areas designated for open recreation uses shall be provided at a ratio of two hundred square feet per dwelling unit.

2.

The minimum lineal dimension of any of the areas shall be at least ten feet, except balconies used for open recreation may qualify provided the minimum lineal dimension is six feet.

3.

Credit may be given for commonly owned indoor recreation areas on an equal basis up to fifty percent of the requirement.

4.

The city may require the preservation of scenic natural features such as rock outcroppings, creels, wooded areas, vistas or other features deemed worthy of preservation. Credit for recreation requirements may be given on an equal ratio up to fifty percent of the requirement. Areas graded with slopes greater than fifteen percent are not considered meeting the intent of this subsection.

5.

Areas may be patios, balconies, swimming pools, tennis courts, childrens' playgrounds, picnic areas or other similar areas.

6.

This area shall not be situated in any required front yard.

G.

Landscaping. A landscape plan and general description of an irrigation facility shall be submitted with the condominium application indicating plant type and irrigation design. Wherever possible, the description shall include water conservation measures and low maintenance landscaping.

H.

Signs. In addition to signs allowed by the underlying zone, community identity signs identifying condominium developments with five or more dwelling units may be approved by the city council on recommendation of the planning commission.

I.

Utilities.

1.

Separate gas and electric services shall be required for each unit. Meters may either be at the unit or in easily located clusters.

2.

Separate water service shall be required for detached units and units that share a common wall ("wall" is not the combination of floor and ceiling). Meters may either be at the unit or in easily located clusters.

3.

Common water service is permitted for multi-storied buildings where units share a combination of floor and ceiling. However, in developments with more than one main multi-storied building, this permitted common meter is required for each main multi-storied building.

4.

Separate water meters for water servicing common landscape and recreation areas are required.

5.

All distribution utilities shall be placed underground.

J.

Private Streets. If private streets are contemplated, the application shall so indicate. The city council may approve or disapprove private streets as a part of its action on the application. If the city council approves private streets, they shall be constructed in accordance with such standards as the council may require as a condition of approval for the condominium.

(Ord. 87-2 § 25.120, 1987)

All private streets, driveways, walkways, parking areas, landscaped areas, storage areas, refuse areas, screening sewers, drainage facilities, utilities, open space, recreation facilities, and other improvements not dedicated and accepted for public use shall be maintained by the property owners. Any failure to maintain is unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community.

(Ord. 87-2 § 25.130, 1987)

A.

Conversion of existing buildings to condominiums shall be processed in the same manner and meet all the standards prescribed in this chapter for a condominium. In addition, the structure to be converted must meet present city building regulations.

B.

An application for conversion of an existing structure to a condominium shall include building plans indicating how the building relates to present building and zoning regulations and where modifications will be required. Also, the application shall include a letter from Pacific Gas and Electric Company explaining that the plans to connect the gas and electric system to separate systems is acceptable.

(Ord. 87-2 § 25.140, 1987)

In addition, to all other required findings for a subdivision, city council shall find that:

A.

Each of the tenants of the proposed condominium or community apartment house project has been or will be given one hundred twenty days' notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subsection shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to the provision of services, payment of rent or the obligations imposed by Sections 1941, 1941.1 and 1941.2 of the Civil Code.

B.

Each of the tenants of the proposed condominium or community apartment house project has been or will be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than sixty days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his intention not to exercise the right.

(Ord. 87-2 § 25.150, 1987)