§ 163.05 CONDOMINIUM CONVERSION DEVELOPMENT STANDARDS.
   (A)   Development requirements. Except as otherwise provided by law, in approving or conditionally approving any project, the following conditions shall be met:
      (1)   Parking. Off-street parking shall be provided at a ratio of 1.5 spaces for each dwelling unit with 50% of the total required parking spaces under carports or garages (covered). In addition, one off-street guest parking space shall be provided for every five units. All other parking requirement shall be provided pursuant to the Unified Development Code.
      (2)   Private open space. An outdoor private area shall be provided contiguous with each residential ground level unit.
      (3)   Recreational open space. Recreational facilities or recreational open space shall be reviewed for its adequacy for the project.
      (4)   All permanent equipment, including domestic appliances, which are determined by the Building Official to be a potential source of vibration or noise, shall be installed or modified as approved by the City Building Official to lessen the transmission of vibration and noise.
      (5)   Utilities.
         (a)   A shut-off for each utility shall be provided.
         (b)   The consumption of gas, electricity, and Cable T.V. within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility except that upon determination of the Building Official that such separate metering valve would not be practicable at the time of the conditional use permit approval, the Building Official may approve an equivalent alternative metering system.
         (c)   The consumption of water shall either be by master meter or separate meters and shall be determined by the City Engineer. All additional water connection fees shall be payable prior to approval of the condominium final map.
         (d)   Sewer facilities shall be converted subject to the requirements of the California Building and Plumbing Codes and shall connect to the sewer system by a manhole connection at the front property line. All additional sewer connection fees shall be payable prior to city approval of the condominium final map.
         (e)   All systems of the structures, including but not limited to structural, electrical, plumbing, mechanical, fire and life safety shall comply with all applicable statues, ordinances, rules and regulations.
         (f)   A separate irrigation meter for common areas will be required.
         (g)   Back flow devices and fire sprinklers may be required if the existing structure is three or more stories.
      (6)   Each dwelling unit shall have a separate water heater unless there is one central circulating water heating system serving all dwelling units on the property and such system shall provide sufficient capacity to serve all dwelling units. The Building Official shall determine that said heating system is adequate.
      (7)   Each unit shall be separated from adjacent units by two one-hour fire walls or an approved automatic fire sprinkler system as approved by the Fire Chief and Building Official. Alternative methods which achieve a two-hour equivalency rating may be considered if approved by the Fire Chief and Building Official.
      (8)   All dwelling units shall comply with current statues, ordinances, rules and regulations for energy conservation, sound transmission, control and fire detection systems that apply to all new residential construction except that the Building Official may approve an alternative material, method of construction or work provided it is determined and found that such alternative material, method of construction or work offered is at least equivalent to the prescribed by the applicable statues, ordinances, rules and regulations in quality, strength, effectiveness, fire resistance, durability or safety.
      (9)   The developer shall provide to each purchaser of a unit certification of insurance, guaranty or warranty covering the operation, appliances and usability of all elements of the building, including but not limited to the structural, mechanical, electrical, plumbing, roofing elements and approval for period of not less than one year from the date of final building permits approval and shall declare under penalty of perjury that such certificate has been so provided.
      (10)   Residential and/or common structures shall have plumbing in sound condition, insulation of all water heaters, and pipes for circulated hot water where feasible and adequate, and protected trash areas.
      (11)   Yard and height requirements. All projects shall comply with property development standards for the district in which the project is to be located, provided that nothing in this section shall be construed to prohibit the imposition of more restrictive requirements as a condition of approval by the Planning Commission when necessary to protect the public health, safety, or general welfare, based upon appropriate findings.
      (12)   The project shall comply with Chapter 11A of the California Building Code, which addresses accessibility. This could include new or reconstructed paths, ramps and accessible parking spaces.
      (13)   Impact fees. With the exception of applicable park fees, impact fees are not charged for subdivision of existing residential units. With park fees, the increment between the fee for a single family attached and a multifamily unit is applicable.
      (14)   Any other requirement and condition as may be imposed by the Planning Commission.
      (15)   NOTE. Specific requirements will vary depending on the characteristics of each project. Other laws, regulations and requirements may apply.
   (B)   Findings and conditions of approval.
      (1)   The Community Development Department shall prepare and deliver to the applicant a staff report including a staff recommendation for approval or denial, a listing of conditions or requirements recommended as a basis for approval, and supportive reasons or justifications for such recommendations.
      (2)   Planning Commission approval shall be subject to the following findings:
         (a)   The vacancy factor of the rental housing units in the city exceeds three percent of the total rental housing inventory. Existing rental units may be approved for conversion regardless of the vacancy factor if the Planning Commission determines that a new rental unit has or will be added to the city's housing inventory for each rental unit removed through conversion.
         (b)   The structural, electrical, fire, and life safety systems of the applicable structures and/or common structures are in a condition of good repair and maintenance, including such alterations or repairs as are required by the building official prior to the sale of the units.
         (c)   The developer has complied with all other requirements and conditions in this chapter.
      (3)   Planning Commission approval shall be subject to the following conditions, in addition to any other condition required pursuant to this chapter:
         (a)   All tenants of the proposed condominium conversion project shall be given at least 120 days advance written notice including but not limited to the following:
            1.    Termination of their tenancy subsequent to Planning Commission approval of the conditional use permit; and
            2.   The exclusive right of first refusal to purchase a unit at the time said units are offered to the general public and upon at least as favorable terms and conditions as said units are first offered to the general public.
         (b)   The developer shall mail written notice to all tenants residing in the project within 15 days after approval of any condominium conversion project. Such notice shall state all of the conditions of approval of the conditional use permit for the condominium conversion project.
         (c)   The project shall be subject to design review approval.
         (d)   The developer shall comply with all other notices required by state law.
(Ord. 1513, passed 9-19-07) Penalty, see § 10.99