The purpose of this chapter is to provide standards to appropriately convert structures and buildings to condominiums or other individual forms of ownership in any Zone. These standards are intended to increase homeownership opportunities and protect the health, safety, and welfare of all San Marcos residents.

This chapter shall apply to the conversion of any multifamily residential development to a common interest development, as defined by Section 1351 of the California Civil Code. No dwelling unit or mobilehome space shall be the subject of a condominium conversion unless a condominium conversion permit is granted prior to such conversion.

A.

The conversion of structures and buildings to condominiums or other individual forms of ownerships shall require a CUP, pursuant to Chapter 20.520 (Conditional Use Permits) of this Zoning Ordinance. The standards of this chapter shall be minimum conditions associated with the CUP; the Planning Commission may attach additional conditions as deemed necessary.

B.

Tentative and final subdivision maps shall also be required for all conversions into projects containing condominiums or other individual forms of ownership as defined in the Subdivision Map Act of the State of California.

A.

Parking. Off-street parking shall, as a minimum, comply with Chapter 20.340 (Off-Street Parking and Loading Standards) of this Zoning Ordinance.

1.

A minimum of one (1) off-street guest parking space shall be provided for every three (3) units in a residential conversion.

2.

Assigned off-street parking for units shall be provided in garages or carports subject to property attributes and site design. The following guidelines are to be used in the consideration of garage requirements for condominium conversions:

a.

Garage structures for off-street parking shall be required if the surrounding, developed residential uses are constructed with garage structures.

b.

Carport structures may be allowed, instead of garage, when the following criteria are incorporated into the project design and review:

i.

Use of architectural and/or landscape treatments to screen and enhance the carport so as to minimize visual impact for adjacent streets. The Director shall specify said treatments, appropriate to the location and surrounding uses, at the time of project design and application submittal. The Director shall make a recommendation, based on these guidelines to the Planning Commission.

ii.

Carport structures, if allowed by the City for a condominium conversion request, shall be consistent and in compliance with other City regulations or policies pertaining to architectural design or design themes.

iii.

Carport structures, if approved by the City, shall conform to the requirements of the San Marcos Fire Protection District.

B.

Recreation Facilities. Permanent recreation facilities shall be provided. These facilities may include tot lots, recreational building, sport court, or swimming pool that is set aside for the use of the residents. Exact requirements will be determined and conditions under the CUP procedure depending upon the number and type of units involved.

C.

Refuse and Recycling Enclosures. Shall be provided consistent with Chapter 20.445 (Refuse and Recycling).

D.

Laundry Facilities. Every converted unit shall provide all necessary electrical and utility hookups for washing and drying laundry facilities internal to the unit.

E.

Undergrounding. All conversion shall include the undergrounding of all on-site electric, communications, CATV and similar distribution service wires, and/or cables placed underground.

F.

Building Construction Requirements. All conversions and associated construction shall conform to all building and fire codes.

G.

Ownership Organization. The City shall require as part of the approval of any conversion that an organization is created to act as the body responsible for handling matters common to all owners. Said organization, CC&Rs, and its articles and bylaws, shall be approved by the City Attorney.

H.

Other Requirements. Nothing in this section absolves an applicant from complying with any applicable requirement of any other ordinance or articles or other governmental units.