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Santa Maria City Zoning Code

CHAPTER 12

46 RESIDENTIAL CONDOMINIUMS, STOCK COOPERATIVES, COMMUNITY APARTMENTS, AND PLANNED UNIT DEVELOPMENTS

Section 12-46.01 Purpose and Intent.

(a) 
The purpose of this chapter is to regulate the development of residential condominiums, stock cooperatives, community apartments and planned unit developments, both new construction and conversion from existing apartments, so that the residential development is consistent with the goals, objectives and policies of the General Plan, including provisions for a healthy environment through high-quality appearance, safety and appropriate densities for condominium, stock cooperative, community apartment and planned unit developments.
(b) 
The City Council has determined that residential condominiums, stock cooperatives, community apartments and planned unit developments are significantly different from rental apartment units, and for the benefit of public health, safety and welfare makes the findings that residential condominiums, stock cooperatives, community apartments and planned unit developments are to provide amenities equal to or better than single family detached developments, including, but not limited to, adequate on-site circulation and parking, private laundry facilities, enclosed storage areas, recreation facilities, open space, controlled densities, and maintenance agreements for common areas.
(c) 
Therefore, in order to assure conformance with the General Plan provisions and expectations for amenities as stated in the findings set out in this section for residential condominiums, stock cooperatives, community apartments and planned unit developments, both new construction and conversion, and to provide adequate public review of projects, conditional use or planned development permit approval pursuant to Chapters 25 and 35 of this Title and tentative and final or parcel maps as provided for in Title 11 of the Municipal Code are required.
(Ord. 93-29, eff. 10/07/93)

Section 12-46.02 Definitions.

For the purposes of this chapter, the following definitions shall apply:
"Applicant"
means the person or persons applying for new construction or conversion who possess an ownership interest, either as principal or agent, in land or a building.
"Association"
means the organization of persons who own a project.
"Common"
means property with undivided ownership.
"Community apartment"
means an estate in real property consisting of an undivided interest in common in a parcel of real property and the improvements therein, coupled with the right of exclusive occupancy for residential purposes of an apartment located thereon.
"Condominium"
means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential building on such property.
"Conversion"
means a change in the type of ownership of a parcel of land, together with the existing structures, from residential rental realty to community apartment, stock cooperative or condominium.
"Planned unit development"
means a development consisting of individually owned lots together with common areas which are owned in common by the lot owners.
"Project"
means a residential condominium, stock cooperative, community apartment or a planned unit development.
"Public report"
means the final subdivision public report for a project of five or more dwelling units issued by the California Department of Real Estate pursuant to Section 11-13.2 of the Business and Professions Code.
"Stock cooperative or Stock cooperative apartment"
means a corporation formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy.
"Unit"
shall mean the element in a project which is exclusively owned or occupied individually and not in common with the owners of other elements of the project.
"Zoning administrator"
shall mean the Director of Community Development or his or her designee.
(Ord. 93-29, eff. 10/07/93)

Section 12-46.03 General requirements.

(a) 
Planned development or conditional use permit required. A planned development or conditional use permit shall be required for all residential condominiums, stock cooperatives, community apartments and planned unit developments, both new construction and conversion. The planned development or conditional use permit shall be processed in accordance with Chapters 25 and 35 of this title.
(b) 
Tentative and final or parcel map required. In addition to the requirements of this title and chapter, a tentative and final map or tentative and parcel map shall be required for all residential condominiums, stock cooperatives, community apartments and planned unit developments, both new construction and conversion.
(c) 
Noticing costs.
(1) 
Funds necessary to cover the costs incurred by the City for all noticing requirements shall be deposited with the City prior to acceptance of the conditional use or planned development permit application.
(2) 
Noticing requirements for all conversion projects, including those of four or fewer units, shall be in accordance with Government Code Section 66427.1.
(d) 
Inspection of conversion projects. Applicants for conversion projects shall arrange for an inspection of the project by the Building Division of the City of Santa Maria. The Chief Building Official shall prepare a report detailing any deficiencies pursuant to the requirements of this chapter. Any such deficiencies shall be corrected prior to issuance of the certificate of occupancy for the converted units. An inspection fee will be charged for the inspection and report in accordance with the Uniform Building Code as adopted by the City of Santa Maria.
(e) 
Certificate of occupancy. Prior to sale of any new construction or conversion project units, a certificate of occupancy shall be obtained from the Chief Building Official, subject to the requirements of this chapter.
(Ord. 93-29, eff. 10/07/93)

Section 12-46.04 Development standards.

(a) 
Zoning compliance. Applicable Municipal Code zoning requirements, including those pertaining to setbacks, height, density, and parking, shall be incorporated into the design of the project.
(b) 
Laundry facilities. Each unit shall be provided with space and utility hookups within the unit or attached garage to accommodate a standard sized washer and dryer. Minimum dimensions shall be six feet wide and three feet deep.
(c) 
Storage space. Each unit shall have for its own use at least 300 cubic feet of enclosed, weatherproof, lockable storage space located adjacent to each unit, with a minimum opening of three feet (width) and five feet (height). The design and location of such space shall be shown on the plans submitted for the project. Such storage space shall be in addition to cabinets and closets within the unit. Enclosed, lockable garages of a size in excess of minimum standards shall constitute compliance with this section.
(d) 
Roof equipment screening. Mechanical equipment on roofs shall be fully screened from public view. The design of the screening shall appear on the plans submitted for the project.
(e) 
Trash enclosures. Each trash receptacle (either a bin or container) shall be stored in a trash enclosure. Containers may be stored within a garage if the garage has been oversized to accommodate the container. The final development plan submitted for building permit shall specify the size and location of all trash collection areas, and the enclosure shall be constructed in accordance with the approved plan. The location and size shall be approved by the Community Development Department and the Public Works Department. The size and construction specifications of all trash enclosures shall be approved by the Public Works Department in accordance with their standard specification drawings, and shall include the following: a concrete pad and masonry block walls with gates of a solid material. Trash bins require masonry walls a minimum of six feet in height, and trash containers require masonry walls a minimum of four feet in height.
(f) 
Parking. Two covered parking spaces per unit, plus one guest parking space for each two units, shall be provided. The guest parking spaces shall be evenly distributed throughout the development at locations approved by the Director of Community Development. Housing designed specifically for senior citizens may provide not less than one space per unit, 1/2 of which must be covered.
(g) 
Open space. Maximum lot coverage by buildings shall be 35%. Landscaping and common area requirements shall be set forth in the applicable zoning designation of the project.
Each unit shall include a private ground-level patio or yard area and/or upper level balcony. Units situated at the ground level shall provide a minimum of 200 square feet of private patio or yard and/or balcony. Units not situated at ground level shall provide a minimum of 50 square feet of private balcony area.
A minimum 50 square foot concrete slab for use as a patio shall be required at each sliding glass door.
(h) 
Public easements. The applicant shall dedicate or cause to be dedicated to the City, land or easements for street widening, public access or other public purposes in connection with the project where necessary and in accordance with established planned improvements.
(i) 
Underground utilities. All utility and communication wires, including cable television, within the boundaries of the project shall be placed underground. Gas and electric meters shall be above grade.
(j) 
Utility metering and controls.
(1) 
Each unit shall have separate metering for gas and electricity consumption. Each unit shall have separate water metering as required by the Municipal Code. Each unit shall have its own panel-board for electrical circuits which serve the unit and a gas shut-off valve for the gas line serving the unit. Each unit shall have a water shut-off valve and such valves for each plumbing fixture within the unit. Each unit shall be served by separate heating/cooling controls.
(2) 
Exception: Gas and electric metering of individual units may not be required if such metering would be in conflict with an innovative energy-efficient or resource-conserving utility system designed for the project, as approved by the Director of Community Development.
(k) 
Electricity and plumbing.
(1) 
Each unit shall be served by separate exhaust fans and vent pipes.
(2) 
Each unit shall be served by ground-fault circuit interrupters as required by the Uniform Building Code.
(3) 
All water pipes to sinks and laundries shall be installed with surge pipes or equivalent devices approved by the Chief Building Official.
(4) 
Drip pans or an equivalent device with drains to the outside of the building shall be provided under all water heaters, dishwashers and washing machines within the units located above separately owned units.
(5) 
Ultra-low flush water closets (maximum 1.6 gallon per flush) shall be installed in each unit.
(l) 
Energy efficiency.
(1) 
All new units and all new buildings owned in common shall comply with energy conservation standards in Title 24 of the California Administrative Code, or its successor. For conversion projects, the applicant shall indicate the provisions of Title 24 which cannot be met, and existing and planned energy conservation provisions which will compensate for such noncompliance.
(2) 
Each unit shall be preplumbed and prewired for solar assisted hot water heating.
(3) 
All swimming pools, hot tubs and spas shall be equipped with solar-assisted heating and covers.
(4) 
Roof design shall take into consideration a southerly exposure. In order to accommodate future solar panels, a portion of the roof shall have a pitch of approximately 30%, or 1:3.33.
(m) 
Building Code conformance. All units, both new and converted, shall be in conformance with standards for new construction in effect at the time of tentative map approval, including, but not limited to, the Uniform Building Code, Uniform Plumbing Code, Uniform Fire Code, National Electrical Code, Title 24 of the California Administrative Code, and the California Energy Code. Minor deviations to these Codes may be approved by the Chief Building Official, provided that public safety is not compromised.
(n) 
Fire safety. Smoke detectors of a type approved by the City of Santa Maria Fire Department shall be provided in each unit at locations specified by the Uniform Building Code.
(o) 
Sound Transmission.
(1) 
All permanent mechanical equipment which is determined by the Director of Community Development to be a source or potential source of vibration or noise, shall be shock mounted, isolated from the floor or ceiling, or otherwise insulated in a manner approved by the Director of Community Development to lessen the transmission of vibration and/or noise. This requirement applies to domestic appliances as well as other equipment.
(2) 
All voids around pipes shall be packed with rock wool or equivalent sound deadening material, and all pipes shall be wrapped at all points of contact with any wood or steel members and strap hangers.
(3) 
No recessed cabinets, vents, electrical devices, junction boxes or similar equipment shall be placed back to back between separate dwelling units where the required double wall is penetrated.
(4) 
Wall and floor/ceiling assemblies shall conform to the sound insulation performance criteria contained in the Uniform Building Code.
(5) 
Required floor coverings may only be replaced by another floor covering that provides the same or greater noise attenuation characteristics.
(Ord. 93-29, eff. 10/07/93)

Section 12-46.05 Warranties.

(a) 
A minimum of a one year warranty shall be provided free of charge by the applicant to the first purchaser of each unit on any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and heating/cooling systems provided therein as of close of escrow. Limitations placed on manufacturer's warranties for new products shall take precedence over the one year warranty required by this section.
(b) 
A minimum of a one year warranty shall be provided free of charge by the applicant to the association for elements owned in common. Limitations placed on manufacturer's warranties shall take precedence over the one year warranty required by this section.
(Ord. 93-29, eff. 10/07/93)

Section 12-46.06 Reports required for conversion.

Applicants of all conversion projects shall submit the following information in conjunction with the conditional use or planned development permit application:
(a) 
Tenant information. The name and address of each current tenant, together with address labels for noticing requirements pursuant to this title.
(b) 
Building history report. A report which contains the dates of construction of all elements of the proposed conversion project; a statement of the major uses of the project since construction; the date and description of each major repair and renovation of any element since the date of construction. Major repair means any repair for which an expenditure of more than $1,000 was made.
(c) 
Noise insulation report. A report prepared by a certified acoustical engineer describing conformance with the noise insulation standards of the Uniform Building Code and Section 11-12.04 (o) of the Municipal Code.
(d) 
Property and structural report. A structural and property report describing the condition, including deficiencies, and remaining useful life of each element of the proposed conversion project. The report shall include, but not be limited to, the following elements: mechanical systems, plumbing system, electrical systems, roofs, foundations, structural elements of existing structures, paved surfaces, and exterior surfaces. Projected maintenance costs shall be estimated and detailed in the report. The report shall be prepared by a registered civil or structural engineer, a listed general building contractor, an architect, or any combination thereof.
(e) 
Structural pest report. A structural pest report relating the presence or absence of wood-destroying pests and organisms. The report shall be prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code.
(f) 
Soils/geological report. A copy of the soils/geological report originally prepared for the property. If such report has never been prepared or is considered insufficient by the Chief Building Official, the applicant shall submit a new report prepared by a registered civil engineer, soils engineer, or geologist. The report shall also include the elevation of the first floor level relative to the established 100 year flood elevation.
(Ord. 93-29, eff. 10/07/93)