These condominium regulations are intended to provide criteria and guidelines for condominium conversion as defined herein. The standards include density, parking, open space, light and air, pedestrian and vehicular traffic circulation and are intended to create condominium projects that are well designed, aesthetically pleasing, compatible with the surrounding community, of a pleasing and desirable character, to harmonize with adjacent residential use, and so as to maintain a reasonable balance in the supply of rental and ownership dwelling units.

Although this is an amendment to the subdivision ordinance, it shall be deemed, where applicable, an amendment to the Temple City zoning code and building codes. The city has found that these regulations are consistent with, and necessary to carry out, the goals and objectives of the general plan. (1960 Code; amd. Ord. 79-486)

Condominium conversion is a process or effect of transferring ownership of a building from residential units to a condominium in accordance with appropriate law. Condominium conversion, as used in this chapter, shall mean the conversion of existing units to condominiums, community apartment projects, or stock cooperatives (condominiums and community apartment projects are required to comply with the subdivision map act while stock cooperatives are not, unless made so by the California department of real estate).

   COMMUNITY APARTMENT PROJECT: Joint ownership of the land by the various owners with an exclusive right to occupy a given dwelling unit.

   CONDOMINIUM: Joint ownership of the land by the purchasers with ownership of a defined area of air space where the dwelling unit is located as more fully defined in the California Civil Code.

   STOCK COOPERATIVE: Ownership of the land and buildings by a corporation; tenants own shares of stock and thus are entitled to an exclusive right to occupy a dwelling unit, or they lease a dwelling unit. (1960 Code)

Conversion of existing residential units to condominiums, stock cooperatives, or community apartment projects shall be subject to the following:

   A.   The approval of a conditional use permit, pursuant to section 9-1F-10 of this title, shall first be required.

   B.   Residential condominium conversions shall be permitted only in zones R-2 and R-3.

   C.   An application for a tentative and final tract map shall be submitted for approval in accordance with established requirements. A site plan, floor and elevation plans also shall be submitted for review and approval.

   D.   Covenants, conditions and restrictions (CC&Rs), incorporating the conditional use permit as nonamendable, shall be submitted to the planning department for city attorney review and approval by the planning commission and/or city council prior to submittal of the final tract.

   E.   The developer shall submit a property report describing the age and condition of each of the following elements of each structure situated within the project proposed for conversion: foundations, exterior walls, fire walls, roof, stairways and exits, interior insulation (sound and thermal), exterior insulation (sound and thermal), light and ventilation, plumbing, electrical, heating and air conditioning, fire and earthquake safety provisions, security provisions, interior common or public areas, landscaping, and trash control. Such report shall be prepared by a licensed civil engineer or an architect registered in California, and shall provide methods and costs for the correction or improvement of any deficiencies noted.

   F.   The developer shall submit a structural pest report. Such report shall be prepared by a licensed structural pest control operator pursuant to section 8516 of the Business And Professions Code, relating to written reports on the absence or presence of wood destroying pests or organisms, and shall provide methods and costs for corrective work for both accessible and nonaccessible areas.

   G.   Approval of a certificate of occupancy shall be required for any such conversion. Upon receipt of an application for a certificate of occupancy, the building official shall cause an inspection to be made of all buildings and structures in the proposed condominium, community apartment project or stock cooperative. The building official shall prepare an inspection report, identifying all items not in conformance with the current city building, electrical, wiring, mechanical and plumbing codes, and any additional equipment and facilities he determines to be deteriorated or hazardous. The developer shall repair, replace or add any equipment or facilities determined to be in violation of current city codes to the extent such violations are deteriorated, hazardous, or susceptible to feasible and economic correction. It is the intent hereof that all conversions shall be brought up to substantial compliance with building codes for new construction at the time of conversion.

   H.   The developer shall provide a schedule of proposed improvements which shall be made to the project prior to their sale.

   I.   All tenants then occupying the proposed conversion site shall be notified of the public hearing before the planning commission and city council. A list of tenants shall be supplied by the applicant. If permit for conversion is approved, the developer shall provide each tenant a preemptive right in writing (copy to city) to purchase a unit of exclusive occupancy on the same terms as offered for sale to anyone else. Such right shall be irrevocable for a period of ninety (90) days after the commencement of sales or the issuance of the final public report by the real estate commissioner. It is recognized that tenants who purchase may be temporarily displaced during construction.

   J.   In addition to the above requirements, no application for a condominium conversion project shall be accepted for any purpose unless the application includes the following:

      1.   Development Plan: A development plan of the project including:

         a.   The location, height, gross floor area, and proposed uses for each existing structure to remain and for each proposed new structure;

         b.   The location and type of surfacing for all driveway, pedestrian ways, vehicle parking areas, and curb cuts, and open storage area;

         c.   The location, height, and type of materials for walls, fences and trash enclosures;

         d.   The location of all landscaped areas, the type of landscaping;

         e.   The location and size of the parking facilities to be used in conjunction with each condominium unit;

         f.   The location, type and size of all drainage pipes and structures depicted or described to the nearest public drain or watercourse;

         g.   The location and type of the nearest fire hydrants;

         h.   The location, type and size of all on site and adjacent street overhead utility lines;

         i.   A lighting plan of the project;

         j.   Existing and proposed exterior elevations;

         k.   The location of and provisions for any unique natural and/or vegetative site features.

      2.   Copy To Buyers: The original owner shall provide each purchaser with a copy of all reports (in their final, acceptable form) along with the department of real estate white report, prior to said purchaser, completing an escrow agreement or other contract to purchase a unit in the project, and said developer shall give the purchaser sufficient time to review said reports. Copies of the reports shall be made available at all times at the sales office and shall be posted as approved by the city. (1960 Code)

All such conversions shall be subject to the following, unless excused as a part of the conditional use permit, and the burden shall be on applicant to show the need for such excuse by applying the same standards as for a variance under section 9-1F-1 of this title.

Residential condominium conversions shall be permitted only in zones R-2 and R-3 provided, however, that no condominium conversion projects shall be considered or approved with less than three (3) dwelling units.

   A.   Minimum Lot Area: The minimum lot area for each condominium unit, regardless of the number of bedrooms, shall be three thousand six hundred (3,600) square feet for R-2 and two thousand four hundred (2,400) square feet for R-3 zones.

   B.   Minimum Floor Area: Each dwelling unit shall have a minimum floor area as follows:

 

 

   C.   Open Space: Open space shall be required as follows:

 

 

   D.   Fire Compliance: Compliance with the requirements of the fire department regarding matters such as fire flow, hydrant location and driveway width.

   E.   Parking: Each condominium unit shall be provided with:

      1.   Two (2) enclosed parking spaces plus one enclosed or open parking space for each two (2) units. Units with three (3) or more bedrooms shall require an additional one-half (1/2) parking space;

      2.   Tandem parking is prohibited.

      3.   No use shall be made of any parking area or access thereto, other than for the parking of vehicles; such spaces shall be used for no other purpose at any time. The CC&Rs shall contain such restriction.

   F.   Storage: A single area having a minimum of two hundred (200) cubic feet of private and secure storage space shall be provided for each unit exclusive of closets and cupboards, within the dwelling unit. Said storage may be located within the garage, provided it does not interfere with automobile parking.

   G.   Trash And Garbage Area: Adequate trash and garbage collection and pick up area shall be provided for use within one hundred fifty feet (150') of each unit in a location or locations accessible to a public street or alley, and enclosed on three (3) sides by a five foot (5') high masonry, brick or concrete wall which shall be enclosed with solid decorative gates of the same height. Such areas may be for individual dwelling units independent of others, or for groups of dwelling units or for all such dwelling units. Areas for group use shall be set back or otherwise protected from adjacent properties and streets.

   H.   Plumbing (Gas And Water) Shutoff Valves: Separate full way shutoff valves shall be provided to each dwelling unit.

   I.   Utility Meters: Each utility that is controlled by and consumed within the dwelling unit shall be separately metered in such a way that the unit owner can be separately billed for its use. Each unit shall have access to its own meter(s) and heater(s) which shall not require entry through another unit. Each unit shall have its own panel, or access thereto, for all electrical circuits which serve the unit.

   J.   Sound Insulation: Common wall and floor-ceiling assemblies shall be required to conform to the sound insulation performance criteria as required for new buildings.

   K.   Mechanical Equipment Noise Prevention: All permanent mechanical equipment, which is determined to be a source of potential vibration or noise, shall be shock mounted as determined by the building officials.

   L.   Attic Sound Insulation: Attic separations shall be installed separating each individual unit with the same sound insulation and security as required for party walls.

   M.   Sewer: A separate connection to the public sewer shall be provided for each unit to the extent feasible.

   N.   Other Requirements: Such other requirements as are determined as a result of public hearings to be necessary to accomplish the intent and purpose hereof. (1960 Code; amd. Ord. 01-855)