1. New Construction Standards
A. Purpose. This section provides standards for the construction of new condominiums as defined by Civil Code Section 951(f).
B. Applicability. The provisions of this section shall apply to construction of all new multifamily units that are proposed to be condominiums at the time of construction. A subdivision map shall be submitted and processed concurrently with the required development plan for the multifamily project. The subdivision map shall be in accordance with Civil Code Section 951(f) and Section 16.94 Tentative Maps. In addition to the above requirements these standards shall be applicable for any multifamily project if an application for a tentative map is submitted within one year from occupancy.
C. Application Requirements. An application for a subdivision map in accordance with Section 16.94 shall be submitted along with a development plan in accordance with Section 16.56 with sufficient information to evaluate the project for compliance with the provision of Section 16.44.060.1
D. Standards and Guidelines. This section provides minimum standards and guidelines for the construction of new condominium units. All construction shall comply with the requirements listed below:
1. Architecture Design. All structures shall be subject to the design standards for architecture as contained within Section 16.08.040 of this code.
2. Domestic Facilities. Each dwelling shall be provided with its own laundry and waste disposal facilities, or alternate group facilities shall be provided that are convenient to all dwelling units.
3. Enclosed Private Storage Area. Each unit shall have a private enclosed storage area that is one hundred (100) cubic feet in size. The storage area shall be exclusive of the required parking area within the garage or the required closet areas for each bedroom.
4. Energy Conservation. The project shall include energy and resource conservation measures, including high efficiency thermal insulation, high efficiency heating and cooling equipment, double glazing, water flow restrictors and other similar conservation techniques.
5. Fire Walls. One-hour rated fire walls shall be provided between units.
6. Fire Suppression. Smoke detectors meeting current building code requirements shall be installed in residential units and other enclosed common areas (e.g., hallways, recreation rooms and utility rooms). Additional fire suppression equipment (e.g., alarm systems, fire extinguishers and sprinklers) shall also be provided as recommended by the fire department.
7. Disabled Facilities. Dwelling units should be equipped and improved to accommodate disabled persons as per the uniform building code.
8. Landscaping. Open areas shall be landscaped with plant material suitable to the local climate. Landscaped areas shall be watered by a full-coverage, automated irrigation system that is maintained in good working order. All landscaping shall be in accordance with Chapter 16.28 of this code.
9. Open Space, Private. A minimum of one hundred (100) square feet of private open space should be provided for each ground floor unit and a minimum of sixty (60) square feet of private balcony or deck area should be provided for each unit above ground level.
10. Open Space, Common. A minimum of two hundred (200) square feet of common useable open space shall be provided for each dwelling unit. Private patios, balconies, and entryways shall not be considered common open space.
12. Sound Attenuation. Common walls and ceilings of units shall be constructed using techniques to limit noise transmission as specified by the uniform building code or equivalent. Exterior noise shall be attenuated to forty-five (45) dBA inside the dwelling units.
13. Utility. Each dwelling unit shall be provided with its own utility meters as per the requirements of the servicing agency.
2. Conversion Standards
A. Purpose. This section provides standards for the conversion of multi-family dwelling units to residential condominiums, stock cooperatives, or community apartments.
B. Applicability. The provisions of this section shall apply to conversions of existing multi-family dwelling units to condominiums, stock cooperatives, or community apartments which shall require the approval of a conditional use permit (16.52).
C. Application Requirements. An application for a subdivision map to allow a conversion project in compliance with Chapter 16.100 (Condominium Conversions) shall be accompanied by sufficient information to evaluate the project for compliance with the provisions of this section. Required information shall include:
1. General Conditions Report. A report on general structural conditions, addressing foundation, framing, interior and exterior wall coverings, roof, plumbing, electrical wiring, utility connections, built-in house-hold appliances, heating and cooling systems, and sewer evaluation prepared by an independent state licensed structural engineer, architect or general contractor. The report shall address the condition and expected remaining useful life of each respective item;
2. Pest Report. A pest information report addressing the present condition of the structure as it may be affected by termites, dry rot, roaches, or other insects, and recommending work required to render the structure free of infestation;
3. Acoustical Report. An inter-unit acoustical report, certified by a competent expert acceptable to the director;
4. Plot Plan. A fully detailed plot plan drawn to scale;
5. Relocation Plan. A relocation plan which identifies the steps which will be taken to ensure the successful relocation of each tenant. The relocation plan shall also state what specific relocation assistance ten-ants will be given, including the cost of moving, first and last months' rent, security and cleaning deposits, and phone connection and utility deposits. Particular consideration shall be given to the elderly, handicapped, families with children and other tenants who may encounter difficulty in finding a new residence;
6. Names of Tenants. A list of the names and addresses of the tenants of the project at the time of the application and two sets of stamped, addressed envelopes;
7. CC and R's Required. Covenants, conditions and restrictions (CC and R's) shall be submitted for re-view and approval by the director and city attorney which shall contain at a minimum:
a. The formation of a "Community Association" to provide for the maintenance of common areas;
b. Disclosure of management agreements, maintenance provisions, access for emergency repairs, easements and other similar items;
c. Allocation of off-street parking spaces for residents and guests; and
d. Provisions for establishment of a maintenance and operating budget.
8. Other Information. Other information required by the director to provide a thorough evaluation of the conversion project.
D. Standards and Guidelines. This section provides minimum standards and guidelines for the conversion of multi-family dwelling units to condominiums, stock cooperatives or community apartments. The guidelines are indicated by the word "should" as opposed to the mandatory "shall". Guidelines shall be implemented to the greatest degree possible.
1. Domestic Facilities. Each dwelling shall be provided with its own laundry and waste disposal facilities, or alternate group facilities shall be provided that are convenient to all dwelling units.
2. Energy Conservation. The project should include energy and resource conservation measures, including high efficiency thermal insulation, high efficiency heating and cooling equipment, double glazing, water flow restrictors, solar water heating and other similar conservation techniques.
3. Fire Walls. One-hour rated fire walls shall be provided between units.
4. Fire Suppression. Smoke detectors meeting current building code requirements shall be installed in residential units and other enclosed common areas (e.g., hallways, recreation rooms and utility rooms). Additional fire suppression equipment (e.g., alarm systems, fire extinguishers and sprinklers) shall also be provided as recommended by the fire department.
5. Disabled Facilities. Dwelling units should be equipped and improved to accommodate disabled persons as per the uniform building code.
6. Landscaping. Open areas shall be landscaped with plant material suitable to the local climate. Landscaped areas shall be watered by a full-coverage, automated irrigation system that is maintained in good working order.
7. Open Space, Private. A minimum of one hundred (100) square feet of private open space should be provided for each ground floor unit and a minimum of fifty (50) square feet of private balcony or deck area should be provided for each unit above ground level.
8. Open Space, Common. A minimum of two hundred (200) square feet of common useable open space should be provided for each dwelling unit. Private patios, balconies, and entryways shall not be considered common open space.
9. Parking. A minimum of two covered off-street parking spaces shall be provided for each dwelling unit unless modified by the commission. Guest parking should be provided at the rate of one space for each three units.
10. Public Works. Missing or damaged street improvements, including the following, shall be repaired or replaced:
a. Curb and gutter;
b. Sidewalks;
c. Drive aprons;
d. Street lights; and
e. Street trees.
Public improvements to be constructed in conjunction with the conversion project and shall be completed prior to final inspection and release by the building department.
11. Sound Attenuation. Common walls and ceilings of units shall be constructed or upgraded using techniques to limit noise transmission as specified by the uniform building code or equivalent. Exterior noise shall be attenuated to forty-five (45) dBA inside the dwelling units.
12. Structural Condition. Structures shall be in sound condition, pest and vermin-free, watertight.
13. Utility. Utility systems shall be in sound, safe, and fully-operable condition. Each dwelling unit shall be provided with its own utility meters.
E. Tenant Relocation/Purchase Provisions. The applicant shall give written notice to tenants ten days prior to the date of public hearings relating to the conditional use permit application for the condominium conversion. Tenants at the time of city approval shall be given a notice of intent to convert at least one hundred twenty (120) days prior to the date of conversion and the right to purchase, exercisable within sixty (60) days in compliance with state law. The applicant shall provide qualified tenants of the development the following minimum benefits.
1. Relocation assistance benefits shall be paid to tenants of the development at the time of city approval of the conversion and who remain as tenants for at least one hundred (120) days thereafter, and to persons who become tenants after city approval and who have not been given written notice by the developer of the intended conversion prior to becoming a tenant. The relocation assistance benefit shall be payable only to tenants who desire to relocate. The relocation assistance benefit shall be determined on a per unit basis, to be shared among the tenants of the unit. The amount of the relocation assistance benefit shall be equal to twice the last month's rent. Rent reduction or waiver may be included for consideration. The minimum amount may be increased from time to time by resolution of the council.
2. Rents may not be increased following approval of a tentative map or conditional use permit without prior council approval.
3. A percentage or dollar discount shall be offered tenants desiring to purchase their unit together with special financing mechanisms or purchase plans.
4. Provisions for special protection of longer term occupancies or greater cash assistance shall be available to households of the elderly (sixty (60) years of age or older), the disabled, as defined in the United States Code, Title 42, Section 423, or handicapped persons, as defined in the California Health and Safety Code, Section 50072.
5. Provisions shall be made for the following:
a. Refund of cleaning and security deposits;
b. Additional cash payments for moving or inconvenience expenses (e.g., time off from work, transportation, etc.);
c. Availability of a relocation coordinator;
d. Directory of available units or other relocation assistance; and
e. Other provisions necessary to assist tenants in relocation or purchase.
6. Provisions shall be made so that tenants are not unreasonably disturbed during construction, remodeling or sales activity, and except in an emergency, shall be provided at least two days notice prior to requiring access for repair, improvements, inspection or showing to a prospective purchaser or mortgagee. Tenants shall not refuse reasonable access for these purposes.
(Ord. 269 § 2 (part), 2002; Ord. 182 § 2 (part), 1997)