(Added by Ord. No. 154,960, Eff. 4/3/81.) (Section Renumbered by Ord. No. 162,832, Eff. 10/26/87.)
A. Purpose. The purpose of these provisions is to promote greater individual choice in type, quality, price and location of housing; to provide for the housing needs of all segments of the population; to provide increased homeownership opportunities for all segments of the population; to promote the safety of conversion projects and correction of Building Code violations; to provide adequate off-street parking; to provide increased opportunities for the ownership of commercial or industrial real property in the form of condominiums or stock cooperatives; to assure that the continued use of buildings for commercial or industrial purposes is substantially consistent with applicable general and specific plans; and to generally regulate projects in accordance with applicable general and specific plans and with the public health, safety and welfare.
B. Applicability. The provisions of this section shall apply to all tentative maps and preliminary parcel maps as to which the Advisory Agency has not rendered a decision on the date this section becomes effective. The provisions of any amendment to this section shall only apply to all tentative maps and preliminary parcel maps as to which the Advisory Agency has not rendered a decision on the date the amendment becomes effective, except as otherwise expressly stated in this section. For purposes of this subsection, a decision is rendered on the date of the Advisory Agency’s public hearing and announced decision or, where no such decision is announced, the date of mailing of the Advisory Agency’s letter of decision and findings to the applicant.
C. Definitions. The terms used in this section are defined in Sections 12.03 and 17.02 of the Municipal Code.
D. Application Requirements:
1. Commercial/Industrial to Residential Conversion Projects:
a. A commercial/industrial to residential conversion project shall comply with the Division of Land regulations in Article 7 of this chapter, the provisions of this section and other applicable state laws and local ordinances.
b. In addition to the information required by other applicable sections of this Code, the following information shall be submitted at the time of filing:
(1) Building plans or other documents containing the following information pertaining to the project as proposed, certified as to accuracy by a licensed engineer:
(a) Description of the features of the type of building and project, including age, type of construction, number of dwelling units, number of habitable rooms per dwelling unit; and
(b) Site plan, including buildings, structures, yards, open spaces, accessory storage areas and buildings, including trash storage areas: and
(c) Parking plan, including the total number of spaces actually provided and the total number required if different from that actually provided; dimensions of stalls, aisles and driveways; location of columns, walls and other obstructions; total number of covered and uncovered parking spaces and location and number of guest parking spaces.
(2) Sales Information. Anticipated range of sales prices of individual dwelling units or shares based on information known at the time of application; and statement as to whether sales will be permitted to families with minor children.
(3) Floor and elevation plans, including indication of common and private areas and required exits.
c. The following additional information may be required by the Advisory Agency as a condition of approval.
(1) Certificate of Housing Compliance Inspection Report as provided by Section 91.0318 of the Municipal Code, or equivalent report satisfactory to the Advisory Agency, which report shall detail any violations of Chapter IX of the Municipal Code in effect at the time the building permit was issued and any violations of provisions of Chapter IX enacted after such permit was issued and which are explicitly made applicable to existing structures.
(2) Building inspection reports (if any such report has already been submitted to the California Department of Real Estate, a copy of such report shall be furnished to the City):
(a) Building component reports indicating condition and estimated remaining useful live of the roof, foundation, plumbing, electrical, heating, air conditioning, other mechanical and structural systems, prepared by a registered civil or structural engineer, licensed general building contractor, licensed general engineering contractor or architect;
(b) Structural pest control report, prepared by a licensed pest control contractor;
(c) Acoustical report indicating (a) the type of construction between dwelling units and the general sound attenuation characteristics of such construction, or indicating the level of sound attenuation between dwelling units, and (b the feasibility of various levels of improvement, prepared by a licensed acoustical engineer; and
(d) Utility metering reports, if the units of the building are not individually metered, indicating the feasibility of individual or submetering, prepared by qualified engineers.
(3) Any other information, including conditions, covenants and restrictions, articles of incorporation and by-laws, which the Advisory Agency deems necessary to determine if the proposed project is consistent with the purposes of the Municipal Code.
2. Commercial/Industrial Conversion Projects.
a. A commercial/industrial conversion project shall comply with the Division of Land Regulations in Article 7 of this chapter, the provisions of this section and other applicable State laws and local ordinances.
b. In addition to the information required by other applicable sections of this Code, building plans or other documents containing the following information pertaining to the project as proposed, certified as to accuracy by a licensed engineer, shall be submitted at the time of filing:
(1) Description of the features of the type of building and project, including age, type of construction, number of separate units proposed, the square footage of each such unit and of the entire building.
(2) Parking plan, including the total number of spaces actually provided and the total number required if different from that actually provided, dimensions of stalls, aisles and driveways; location of columns, walls, and other obstructions; total number of parking spaces and guest parking spaces.
c. The following additional information may be required by the Advisory Agency as a condition of approval:
(1) Building component reports, indicating condition and estimated remaining useful life of the roof, foundation, plumbing, electrical, heating, air conditioning, other mechanical and structural systems, prepared by a registered civil or structural engineer licensed general building contractor, licensed general engineering contractor or architect;
(2) Site plan, including buildings, structures, yards, open spaces and accessory storage areas and buildings including trash storage areas;
(3) Floor and elevation plans, including indication of common and private areas and required exits;
(4) Building inspection reports (if any such report has already been submitted to the California Department of Real Estate, a copy of such report shall be furnished to the City;
(5) Any other information including conditions, covenants and restrictions, articles of incorporation and by-laws, which the Advisory Agency deems necessary to determine if the proposed project is consistent with the purposes of the Municipal Code.
E. Tentative Map And Preliminary Parcel Map Approval:
1. All tentative maps and preliminary parcel maps filed in connection with the commercial/ industrial to residential or commercial/industrial conversion projects shall be subject to the Division of Land Regulations contained in Article 7 of this chapter, except as herein otherwise provided. All such maps shall be subject to the General Plan and any applicable specific plan only to the extent that such plan contains a definite statement of policies and objectives explicitly applicable to such conversion projects, except as otherwise provided in this subsection.
2. The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a commercial/industrial or commercial/industrial to residential conversion project if it finds that the map is not substantially consistent with the applicable density provisions of the General Plan or specific plans in effect at the time the original building permit was issued.
EXCEPTION:
This provision shall not apply to any commercial/industrial or commercial/industrial to residential conversion projects for which a building permit was applied for prior to July 1, 1978.
3. The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a commercial/industrial or commercial/industrial to residential conversion project where such conversion would be inconsistent with either the existing zoning pattern or applicable general or specific plan, unless it finds that there are special circumstances which justify approval of the map. Such circumstances may exist only with respect to the following facts: (1) the prevailing pattern of commercial/industrial and residential land use in the vicinity of the project site; and (2) the existing and anticipated need for residential development and continued commercial/industrial development in the planning area in which the project is located.
4. The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a commercial/industrial or commercial/industrial to residential conversion project if it finds that any applicable General Plan or Specific Plan provision contains a definite statement of policies and objectives explicitly applicable to such conversion projects and the proposed map is not substantially consistent with such provision.
5. The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a commercial/industrial or commercial/industrial to residential conversion project if it finds that there are uncorrected violations of Chapter IX of the Municipal Code, and that an adequate plan to correct such violations has not been developed or accomplished. For purposes of this provision, Chapter IX of the Municipal Code means the Code in effect when the building permit was issued and other subsequently enacted regulations explicitly made applicable to existing structures.
6. The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a commercial/industrial or commercial/industrial to residential conversion project if it finds that (a) the building permit for the building was issued prior to October 1, 1933, and the building is of unreinforced masonry construction, or (b) the building is more than three stories in height without an elevator. This provision may be waived where the Advisory Agency finds that any such condition has been corrected in conformity with current Municipal Code standards.
F. Parking.
1. Commercial/Industrial to Residential Conversion Projects.
a. The minimum number of resident parking spaces per dwelling unit shall be one and one-quarter parking spaces per each dwelling unit having three or less habitable rooms and one and one-half parking spaces per each dwelling unit having more than three habitable rooms. The Advisory Agency may increase or decrease the required number of parking spaces up to and including three-quarters of a space per dwelling unit, where it finds such modification is consistent with the purposes of this section.
b. The minimum number of guest parking spaces shall be one-quarter space per dwelling unit for projects containing 50 or fewer units and one-half space per dwelling unit for projects containing more than 50 units. The Advisory Agency may modify the guest parking requirements up to and including one-half space per unit where it finds such modification consistent with the purposes of this section.
c. The Advisory Agency may require up to one of the required resident parking spaces per dwelling unit be provided in a private garage or carport where it finds that such is reasonable and feasible and consistent with the purposes of this section.
d. There the number of parking spaces required by other provisions of this code in existence on the date of map application exceeds the minimum numbers established by this section, the number of parking spaces shall not be diminished.
e. In the Central City Area as described in Section 12.21 A.4.(p) of the Municipal Code, the required parking ratio shall be no less than therein provided.
f. Where the total number of required spaces includes a fraction, the provision of Section 12.21 A.4.(k) of the Municipal Code shall govern.
g. The design and improvement of parking facilities and areas shall substantially conform to the provisions of Section 12.21 A.5. and 6. of the Municipal Code.
h. (Added by Ord. No. 172,571, Eff. 6/3/99.) Notwithstanding any other provisions of this chapter to the contrary, the required number of parking spaces in Adaptive Reuse Projects in the Downtown Project Area pursuant to Section 12.22 A.26. shall be the same as the number of spaces that existed on the site as of the effective date of this ordinance, and shall be maintained and not reduced. Adaptive Reuse Projects shall otherwise be exempt from the provisions of Section 12.21
A.4.(m) of this Code.
2. Commercial/Industrial Conversion Projects.
a. The required minimum number of parking spaces to be provided in a commercial/ industrial conversion project shall be one parking space for each 200 square feet of that portion of the total floor area in a building to be used as a medical office, clinic or other medical service facility and one parking space for each 500 square feet of that portion of the total floor area in a building to be used for other commercial or for industrial purposes. “Total floor area”, as used herein, shall exclude floor area used for automobile parking or driveways, for basement storage or for rooms housing mechanical equipment incidental to the operation of buildings.
b. The Advisory Agency may increase or decrease the required minimum number of required parking spaces by not more than one hundred percent (100%) including any allowance for guest parking, where it finds that such modification is consistent with the purposes of this section.
c. Where the number of parking spaces required by other provisions of this code in existence on the date of map application exceeds the minimum number established by this subsection, the number of parking spaces shall not be diminished.
d. Where the total number of required parking spaces includes a fraction, the provisions of Section 12.21 A.4.(k) of the Municipal Code shall govern.
e. The design and improvement of parking facilities and areas shall substantially conform to the provisions of Section 12.21 A.5. and 6. of the Municipal Code.
f. In the Central City Area as described in Section 12.21 A.4.(P) of the Municipal Code, the required parking ratio shall be no greater than therein provided.
G. (None.)
H. Building Reports – Commercial/Industrial To Residential Conversion Projects. The Advisory Agency may require, as a condition of approval, that the applicant notify any person who communicates an interest in purchasing a residential condominium or share in a residential stock cooperative that the following reports are available for inspection during normal business hours, and shall take reasonable steps to assure that such reports fully, fairly and accurately describe the conditions reported:
1. Any report submitted pursuant to Subsection D. of this section.
2. A report concerning compliance with the sound transmission control standards established by Section 91.4903(h) of the Municipal Code.
3. A report concerning compliance with the residential energy conservation standards established by Article 1, Part 6, Title 24 of the California Administrative Code.
4. A report concerning compliance with the elevator safety standards established by Title 8 of the California Administrative Code.
5. A report concerning compliance with any provisions of Chapter IX of the Municipal Code which the Advisory Agency and the Superintendent of Building find appropriate for such reporting purpose.
I. Commercial / Industrial To Residential Projects – Low and Moderate Income Housing. Each commercial/industrial to residential conversion project shall comply with Section 12.39* of the Municipal Code relating to low and moderate income housing.
* Section 12.39 was repealed by Ord. No. 180,308 Eff. 12/7/08.