This article is enacted, pursuant to the city's authority as a charter city and section 66427(d) of the Government Code, to establish requirements and procedures for the evaluation of commercial and industrial condominium conversion projects. Such regulation is necessary to provide for the adequate maintenance of common areas, facilities and amenities, such as buildings, ingress and egress, subjacent support, utilities and the like, in commercial and industrial common area interest development projects in order to support the continuing viability of such common interest projects, avoid conditions of neglect to protect the public from the potential blighting effects of deteriorated or undercapitalized commercial and industrial conversion projects and provide adequate off-street parking. Additionally, such regulation is necessary to the support of a healthy local economy by preserving opportunities for large-scale commercial and industrial uses to avoid the conversion, fragmentation and diminution of large commercial and industrial buildings and lands within the city.

(Ord. No. NS-2755, § 4, 8-6-07)

The definitions set forth in this section shall govern the application and interpretation of this chapter:

A.

"Common interest development" has the meaning given to that term in Civil Code Section 1351(c).

B.

"Common area" means the entire area within the common interest development except the separate interests therein, and also includes any mutual or reciprocal easement rights appurtenant to the separate interests.

C.

"Conversion project" means a subdivision which consists of conversion of existing buildings into a common interest development.

D.

"Unit" means a legal parcel including a common area parcel.

(Ord. No. NS-2755, § 4, 8-6-07)

In addition to complying with the requirements of Chapter 34 of this Code, no conversion project for a commercial or industrial common interest development may be issued a tentative map unless it obtains a special use permit in compliance with the requirements of this article.

(Ord. No. NS-2755, § 4, 8-6-07)

Buildings which are the subject of a proposed conversion project that are prior to application in violation of Chapter 8 of this Code must be brought into compliance before issuance of a special use permit unless a different time frame is specified in the conditions of approval of said permit Issuance of a positive report pursuant to section 41 1804 b7of this Code shall be deemed to constitute compliance with this section

(Ord. No. NS-2755, § 4, 8-6-07)

An application for a conversion project for a commercial or industrial common interest development shall be accompanied by a conversion plan which sets forth a comprehensive representation and scheduling of the conversion process including but not limited to the following components:

(a)

An improvement plan shall be submitted to the city providing for upgrading the complex to the standards then in effect for construction of new buildings with regard to the following matters:

(1)

Provision of off-street parking spaces (both number of spaces and compliance with other parking standards);

(2)

Sound transmission;

(3)

Energy efficiency;

(4)

Open space;

(5)

Setbacks;

(6)

Adopted design guidelines; and

(7)

Landscaping.

If the applicant contends that compliance with one or more of such standards is financially or practically infeasible, it shall bear the burden of proof of such claim to the city; and the city shall adopt written findings following a noticed public hearing relating to any such claim as part of its consideration of the application for special use permit. The improvement plan shall also demonstrate that all existing onsite facilities which are to be retained to be brought into reasonably sound and attractive condition.

(b)

At a minimum, the improvement plan shall include:

(1)

A site plan showing all existing and proposed structures, including walls and fences, landscaping, irrigation systems and driveways and parking areas.

(2)

A statement of the current and proposed ownership of the subject property and its current and proposed use.

(3)

A description of the property, including acreage, number of existing tenant spaces and the proposed units, showing the size of each proposed unit. Each unit shall be physically separated from each other unit by walls, floors, ceilings and the like.

(4)

A statement of the current and proposed management program, including structural maintenance, landscape maintenance, and parking allocation for each unit.

(5)

A statement of proposed assessments and fees to be charged to owners of units after conversion.

(6)

Notice of submission of application for public report which includes the improvement plan and capital reserves.

(7)

The results of a preliminary inspection requested by the applicant and performed by city's building official or authorized representative, identifying whether the building in its current condition (i.e., presuming no special use permit is sought) is in compliance with Chapter 8 of this Code. Applicant shall be responsible for paying the then current fee assessed by the city for such inspection.

(8)

Compliance of the water delivery system capable of meeting the city's fire flaw requirements as applicable to new construction and related fire department access per currently adopted fire code.

(9)

Compliance with the building security regulations set forth in chapter 8, article II, division 3 of this Code as applicable to new buildings.

(10)

Compliance with section 18-151 et seq. of this Code relating to the National Pollution Discharge Elimination System NPDES and compliance with chapter 8 of this Code as it relates to the Americans with Disabilities Act ADA.

(11)

A statement that all exterior appurtenances, such as ladders, down spouts, conduits and piping will be removed.

(12)

Compliance with article XI of chapter 41 of this Code (signs).

(13)

A current structural pest control inspection report issued by a licensed structural pest control operator, showing the subject premises to be free of evidence of termite, dry-rot, fungi and/or damage therefrom. Such a report shall be deemed current for a period of not more than ninety (90) days following the date of inspection.

(Ord. No. NS-2755, § 4, 8-6-07)

No special use permit shall be approved unless the project complies with the following requirements:

(a)

Electric power, gas and water services must be separately metered for each unit, unless such separate metering is found to be practically or financially infeasible as set forth in section 41-1804(a).

(b)

Signal transmitting and receiving equipment, including cables, for individual units shall be screened.

(c)

Common area utilities must be metered separately from unit utilities. Meters providing such separation may be either municipally owned or, subject to the written approval of the director of public works as to type, owned by the associated owners in common.

(d)

Compliance with sections 34-82 et seq. and 41-626 of the Code, applying to installation of underground utility service lines, as though it were new construction.

(Ord. No. NS-2755, § 4, 8-6-07)

An application for a special use permit pursuant to this article shall be considered by the city's planning commission and city council in concurrence with the applicant's tentative map application.

(Ord. No. NS-2755, § 4, 8-6-07)

In addition to the findings required by Chapter 34 of this Code and other provisions of this article, no special use permit may issue for a commercial or industrial common interest development unless and until all of the following additional findings are first made:

(a)

The proposed common interest development will not adversely impact the economic viability of large-scale commercial and industrial uses in the vicinity of the development, or in the city as a whole;

(b)

The proposed common interest development includes sufficient provisions for governance, funding and capitalization, and enforcement mechanisms to insure that the common area continues to be adequately and safely maintained and repaired for the life of the common interest development;

(c)

The proposed common interest development includes sufficient provisions for the retention of such common areas for the use of all owners of separate interests therein; and

(d)

The proposed common interest development complies with the goals policies and objectives of the city's general plan.

(Ord. No. NS-2755, § 4, 8-6-07)

All improvements required pursuant to the conditions of an approved special use permit shall be completed prior to issuance of a final map for the project.

(Ord. No. NS-2755, § 4, 8-6-07)

A special use permit shall expire after two (2) years unless a final map for the project is recorded in that time. The executive director of the planning and building agency may in writing extend the permit for not more than one (1) year upon written request by the permit holder made prior to the expiration date.

(Ord. No. NS-2755, § 4, 8-6-07)