Except as expressly provided in this article, no application to convert an existing multi-family residential apartment building to any form of common interest development or to convert an existing common interest development created prior to January 1, 2006, to any other form of common interest development shall be approved unless the proposed conversion will conform to each and every standard set forth in this section. These standards are in addition to the findings required for any concurrent application for a development plan review pursuant to chapter 3, article 31 of this title.
A. Mandatory Minimum Standards: The proposed conversion shall conform to all of the following minimum standards:
1. Life Safety Requirements:
a. Smoke detectors shall be provided in sleeping rooms, in hallways leading to sleeping rooms, at the top of stairs, and in all public corridors. Smoke detectors shall be hardwired with battery backup in accordance with the provisions of section 9-1-202 of this code and section 310.9.1 of the California Building Code or any successor statute or regulation.
b. Buildings that contain 1) three (3) or more stories or 2) sixteen (16) or more dwelling units shall be provided with both a manual and an automatic fire alarm system in public areas in accordance with the requirements set forth in California Building Code section 310.10 or any successor statute or regulation.
c. Doors opening into public corridors shall be a minimum one and three-eighths inch (13/8") thick solid wood core or twenty (20) minute fire rated and shall be self-closing and latching in accordance with the requirements set forth in section 402.4 uniform code for building conservation or any successor statute or regulation.
d. Interior doors opening into enclosed stairways shall be fire rated and self-closing and latching as required by California Building Code section 1005.3.3.5 or any successor statute or regulation.
e. All public corridors shall have illuminated exit signs indicating the path of travel along the exit system and emergency backup power shall be provided for the exit signs in accordance with the provisions of California Building Code 1003.2.8 or any successor statute or regulation.
f. Emergency backup power shall be provided for egress lighting in all public areas, including corridors, stairways, lobbies, attached parking garages and elevator cabs and shall provide a minimum illumination of one foot-candle at the floor level as required by section 9-1-302 of this code and California Building Code section 1003.2.9.1 or any successor statute or regulation.
g. A means of two-way communication shall be provided between all elevator cabs and the outside of the elevator in accordance with the provisions of California Building Code section 3003.4.10 or any successor statute or regulation.
h. Portable fire extinguishers shall be provided in accordance with section 1002 of the California Fire Code or any successor statute or regulation.
i. The building address number shall be conspicuously displayed at the front entry and the number and street name shall be displayed at the rear alley in accordance with the provisions of section 9-1-202 of this code.
j. Buildings with six (6) or more dwelling units shall display a descriptive diagram at the front entry of the building indicating the location of each dwelling unit within the building in accordance with the provisions of section 9-1-202 of this code.
k. All fire protection systems installed in multi-residential occupancies shall be inspected, serviced and maintained in accordance with the requirements of title 19 of the California Code of Regulations or any successor statute or regulation.
l. All fire alarm systems shall be inspected, serviced and maintained annually by an appropriately licensed contractor in accordance with the requirements of regulation 72 of the National Fire Protection Association.
2. Electrical Requirements:
a. Ground fault circuit interrupter (GFCI) protection shall be provided for all electrical receptacles in bathrooms, serving kitchen counters, in garages or outdoors in accordance with the provisions of uniform code for building conservation - 4 guideline 3.1 and California Electrical Code section 210.8 or any successor statutes or regulations.
b. Each dwelling unit shall be provided with a minimum sixty (60) amp electrical panel and feeder in accordance with the provisions of uniform code for building conservation - 4 guideline 3.1 and California Electrical Code section 230.79 or any successor statutes or regulations.
c. A separate electrical meter shall be provided for each dwelling unit and the common public area.
d. Electrical systems over fifty (50) volts shall be grounded in accordance with the provisions of uniform code for building conservation - 4 guideline 3.1 and California Electrical Code section 250.20 or any successor statutes or regulations.
e. Weatherproof covers shall be provided for all exterior receptacles in accordance with the provisions of California Electrical Code section 406.8(B) or any successor statute or regulation.
3. Plumbing Requirements:
a. A temperature and pressure relief valve shall be provided for all water heaters in accordance with the provisions of California Plumbing Code section 505.3 or any successor statute or regulation.
b. Water heaters shall be seismically braced with a minimum of two (2) straps in accordance with the provisions of California Plumbing Code section 510.5.1 or any successor statute or regulation.
c. Water heaters shall be properly vented to the outside in accordance with the requirements of California Plumbing Code section 512 or any successor statute or regulation.
d. Water heaters shall be provided with sufficient combustion air in accordance with the requirements of California Plumbing Code section 507.0 or any successor statute or regulation.
e. Potable water shall have backflow protection where necessary to prevent potential cross connection (contaminating potable water with nonpotable water or other pollutants) in accordance with the requirements of California Plumbing Code sections 602 and 603 or any successor statutes or regulations.
f. Dishwashers shall be connected to the drainage system through an approved air gap fitting in accordance with the requirements of California Plumbing Code section 807.4 or any successor statute or regulation.
4. Mechanical Requirements:
a. Habitable areas shall be provided with permanent heating facilities capable of maintaining a temperature of seventy degrees Fahrenheit (70°F) at a height of three feet (3') above the floor in accordance with the requirements of uniform code for building conservation section 701.4 and California Building Code section 310.11 or any successor statutes or regulations.
b. Gas heating equipment shall be properly vented to the outside in accordance with California Mechanical Code section 801 or any successor statute or regulation.
c. Gas heating equipment shall be provided with sufficient combustion air in accordance with the requirements of California Mechanical Code section 701 or any successor statute or regulation.
d. Permanently installed HVAC equipment shall be fastened in place to resist seismic loads in accordance with the requirements of California Mechanical Code section 304.4 or any successor statute or regulation.
5. Structural Requirements:
a. The owner of or applicant for the proposed conversion shall provide a structural analysis report for seismic resistance prepared by a California state licensed engineer or California state licensed architect. Said report shall include, but not be limited to, the following topics:
(1) Cripple wall/anchor bolt (uniform code for building conservation chapter 3)
(2) Soft story (uniform code for building conservation chapter 4)
(3) Nonductile building (uniform code for building conservation chapter 5)
The report shall establish compliance with the structural requirements set forth in the above chapters of the uniform code for building conservation by clearly demonstrating to the satisfaction of the building official that no structural deficiencies exist and no mitigation is required. Alternatively, the owner or the applicant shall submit plans for structural alterations necessary to comply with the structural requirements set forth in those chapters. Said plans shall be prepared in accordance with the requirements in the most recent "Guidelines For Seismic Retrofit Of Existing Buildings" published by the International Conference of Building Officials and shall be submitted to the building official for review and approval.
6. Pest Control Requirements:
a. A licensed exterminator, or equivalent, shall certify that all structures in the building or buildings to be converted is/are free from insect or rodent infestation.
7. Handrail, Guardrail, Stairs, Pool Barriers:
a. At least one handrail shall be provided on all stairs with four (4) or more risers in accordance with the requirements of uniform code for building conservation section 405.1 and California building code section 1003.3.3.6 or any successor statutes or regulations.
b. The vertical rise and horizontal run of a stair shall not vary by more than three-eighths inch (3/8") over a flight of stairs in accordance with the requirements of uniform code for building conservation section 405.1.1 and California building code section 1003.3.3.3 or any successor statutes or regulations.
c. Guardrails shall be provided at any areas adjacent to an opening with a thirty inch (30") drop off or more. The guardrail shall be at least thirty six inches (36") high and shall have openings which do not allow the passage of a four inch (4") diameter sphere in accordance with the requirements of uniform code for building conservation section 405.2 and California building code section 509 or any successor statutes or regulations.
d. Swimming pools shall be enclosed by a barrier in accordance with the provisions of California building code section 3118B or any successor statute or regulation and section 9-1-602 of this code. The barrier shall be at least five feet (5') high, shall have openings that do not allow the passage of a four inch (4") diameter sphere, and shall not be climbable by small children. Gates through the barrier shall be self-closing and latching and must open outward away from the pool. All gate latches shall be located at a height of at least four and one-half feet (41/2').
8. Security Requirements:
a. Openings into individual dwelling units shall comply with the security provisions of the uniform building security code or any successor statutes or regulations.
b. Doors with a deadlock that requires a key to open from the inside shall be replaced with an approved lock in accordance with the requirements of California building code section 1003.3.1.8 or any successor statute or regulation.
c. Required egress windows in sleeping rooms shall not be blocked by a security grill or grate that does not have an approved release device in accordance with the requirements of California building code section 310.4 or any successor statute or regulation.
9. Miscellaneous Requirements:
a. Any construction work requiring a permit that was done without the appropriate permit shall be properly permitted and inspected in accordance with the requirements of the Beverly Hills administrative code set forth in title 9, chapter 1, article 1 of this code.
c. The roof of any structure on the property shall be covered to a class A fire retardant roof no later than July 1, 2013, in accordance with the provisions of section 9-1-202 of this code.
d. No certificate of completion for the building being converted shall be issued until the building official has inspected and verified that the building complies with each and every building standard set forth in this subsection A and has assigned addresses for the individual units within the building.
No application to convert an existing multi-family residential apartment building to any form of common interest development or to convert an existing common interest development created prior to January 1, 2006, to any other form of common interest development may be granted a waiver from compliance with any standard required by this subsection A.
B. Building And Zoning Regulations: In addition to the requirements set forth in subsection A of this section, the proposed conversion shall conform to the applicable standards of the city's building code, the city's housing code, the city's fire code and the city's zoning code in effect on the date the city determines the application for conversion is complete. Notwithstanding the foregoing, and subject to the provisions of subsection H of this section, the planning commission may modify or waive one or more of the requirements of this subsection and subsection 10-2-707A of this chapter, for an application to convert a character contributing building to a common interest development, provided, based on a written report from the building official, the planning commission determines that, due to the existing physical limitations of said character contributing building, strict application of the provisions of this subsection would require physical alterations to the structure that would irreparably damage or remove the character defining features of the building, and provided further that the requested waiver does not seek waiver of any mandatory minimum standard required by subsection A of this section.
C. Pest Control: The subdivider shall repair or replace any damaged or infested areas in need of repair or replacement as shown in the structural pest control report required by section 10-2-704.1 of this article to the satisfaction of the city building official.
D. Laundry Facilities: If the proposed conversion will not provide a common laundry area, a laundry area shall be provided in each individual unit. If common laundry areas are provided to serve the entire project, each project shall provide, at a minimum, a laundry area(s) with not less than one automatic washer and dryer for each five (5) units, or fraction thereof, in the project. Notwithstanding the foregoing, the planning commission may modify the requirements of this section for an application to convert a character contributing building to a common interest development, provided the planning commission finds that, due to the existing physical limitations of said character contributing building, strict application of the provisions of this section would require physical alterations to the structure that would irreparably damage or remove the character defining features of the building.
E. Landscape And Open Space Requirements; Installation And Maintenance:
1. Prior to the issuance of the final map for any proposed conversion, the subdivider shall install new landscaping or shall restore existing landscaping, as appropriate, subject to review and approval by the architectural commission in accordance with the approved comprehensive plan for the rehabilitation of the exterior elements of the property as required by subsection G of this section. In addition, all landscaping installed or restored on the project site as part of the comprehensive plan for rehabilitation shall be maintained in perpetuity to achieve a high degree of appearance and quality.
2. The proposed conversion shall comply with all applicable provisions of chapter 3, article 28 of this title with respect to landscaped setbacks, usable open space and/or facade modulation. Notwithstanding the foregoing, for an application to convert a character contributing building to a common interest development, if the subject building has been determined to be a character contributing building in part due to notable semipublic site features, including, but not limited to, courtyards, balconies, open space, building modulation or any other similar characteristics, the planning commission may waive compliance with any of the standards imposed by this subsection, provided the planning commission finds that, due to the existing physical limitations of said character contributing building, strict application of the provisions of this section would require physical alterations to the structure that would irreparably damage or remove the character defining features of the building. Such a waiver shall not exempt the subdivider from architectural review as otherwise required by this code.
F. Condition Of Equipment And Appliances: The developer shall provide a one year warranty to the buyer of each unit at the close of escrow on any dishwasher, garbage disposal, stove, refrigerator, hot water tank, and air conditioner that is provided as a condition of sale or occupancy. At such time as the homeowners' association takes over management of the development, the developer shall provide written certification to the association that any improvements, such as pools and pool equipment (filters, pumps, and chlorinators), spas, saunas and other appliances and mechanical equipment to be owned in common by the association, are in operable working condition.
G. Refurbishing And Restoration: In connection with an application for a tentative map to convert an existing multi- family residential apartment building or a common interest development previously created prior to January 1, 2006, to any form of common interest development, the subdivider shall submit a comprehensive plan for the rehabilitation of the exterior elements of the property. Said comprehensive plan shall provide for the rehabilitation and restoration of each building, structure, fence, patio enclosure, carport, accessory building, sidewalk, driveway, paved area, landscaped area, and additional exterior element of the site, as necessary, to achieve a high degree of appearance, quality and safety, subject to review and approval by the architectural commission. Prior to consideration of the final map, the architectural commission shall review the comprehensive plan and, through its review, shall expressly identify those elements, if any, which the planning commission found contributed to the determination of the project as a "character contributing building" in accordance with section 10-2-707 of this chapter and incorporate measures to ensure that the refurbishment and restoration of those elements preserves said character defining features.
H. Parking:
1. Spaces Required: Off street parking shall be provided in accordance with the applicable provisions of chapter 3 of this title. No open space may be eliminated to expand on site parking. As a condition of approval of the tentative subdivision map, the planning commission may require the subdivider to replace or expand an existing freestanding parking structure pursuant to exceptions as noted in section 10-3-2808 of this title for the replacement or expansion of a nonconforming garage or carport in the rear setback. Notwithstanding the foregoing, in connection with an application to convert a character contributing building to a common interest development, the planning commission may permit the modification of the required number of on site parking spaces and the minimum standards with regard to stall and aisle dimensions for required parking spaces provided the commission finds that, due to the existing physical limitations of said character contributing building, strict application of the provisions of this subsection would require physical alterations to the structure that would irreparably damage or remove the character defining features of the building. Under no circumstances, however, may the planning commission approve an application to convert an existing multi-family residential apartment building or a common interest development previously created prior to January 1, 2006, to a common interest development that provides less than one covered parking space per unit.
2. Assignment And Use Of Required Off Street Parking Spaces: Either the covenants, conditions and restrictions, or similar ownership agreements of the common interest development shall incorporate the following parking requirements:
a. Required off street parking spaces shall be permanently and irrevocably specifically assigned to particular units within the project on the basis of the parking spaces required per unit. For projects where the planning commission has approved less than code required parking, each unit shall be assigned the exclusive right to the use of not less than one specifically designated covered parking space.
b. To the maximum practical extent, the spaces assigned to each unit shall be contiguous.
c. All parking spaces shall be for the use of unit owners.
d. All studio and one bedroom units shall be assigned one parking space and may rent additional spaces from the association as available.
e. The space(s) assigned to a particular unit may not be tandem with the spaces assigned for any other unit.
f. All parking spaces, except those specifically designated for the storage of recreational vehicles, shall be used solely for the purpose of parking motor vehicles as defined by the Vehicle Code of the state of California and shall not be used for trailers, unmounted campers, boats, or other recreational vehicles.
I. Acceptance Of Reports: The final form of the physical elements report and other documents shall be as approved by the director of community development or his/her designee. The reports required by this article, in their accepted form, shall remain on file with the department of community development for review by any interested person and shall be transmitted to the planning commission as part of the application packet submitted for their review.
J. Copy To Buyers: The subdivider shall provide each purchaser of a residential unit with a copy of each report (in its final, accepted form).
K. Long Term Reserves: Prior to approval of the final map, the developer shall prepare and submit a reserve study as required by California Civil Code section 1365 to the director of community development and shall provide purchasers with a disclosure, in the form prescribed by California Civil Code section 1365.2.5 or any successor statute.
L. Submittal Of Budget: Prior to approval of the final map, the subdivider shall submit to the director of community development or his or her designee a copy of the proposed budget for maintenance and operation of common facilities submitted to the California department of real estate, including needed reserves, along with any changes in the budget required by the department of real estate. (Ord. 06-O-2497, eff. 4-6-2006; amd. Ord. 16-O-2719, eff. 1-20-2017)