Sections:
17.60.010 Purpose.
17.60.020 Permit requirements.
17.60.030 Condominium development policy, standards, and criteria.
17.60.040 Declaration of covenants, conditions, and restrictions and project elements.
17.60.050 Additional requirements.
17.60.060 Effect of proposed apartment conversion on the city's housing stock.
17.60.070 Advertising.
17.60.080 Findings.
A. Residential condominiums provide for individual ownership of separate dwelling units which are usually in close proximity to one another. The area surrounding the dwelling units is a common area that is managed and maintained by the individual owners of dwelling units in accordance with the rules of an association agreement.
B. This mix of individual and common ownership is different from single-family residences and conventional apartment house use. In single-family homes, the dwelling is physically separate and the yard areas are under the more or less complete control of the owner. In conventional apartments, there is an implied guarantee of continuous and effective management of the project, and the occupant is not the owner of the unit and does not have the burden of financial commitment, maintenance, or resale associated with ownership.
C. The unique nature of condominium projects tends to magnify the effects associated with higher urban densities to the point where they may have deleterious effects upon the occupant, seller and buyer who often do not fully appreciate the implications of condominium living and ownership and which may lead to conditions of mismanagement, neglect and blight that impact upon the public health, safety, welfare and economic prosperity of the larger community. To ensure that such problems are avoided in both the short and long term, it is the express intent of the city to treat such projects differently from other multiple-family dwelling developments or other structures which are not residential condominium projects. It is found that the special regulations contained in this chapter are required to achieve this intent, and are applicable to all new condominium developments and the conversion of existing community apartment projects to residential condominiums. No part of this chapter is intended to be applicable to commercial condominiums.
1. To establish requirements and procedures to be followed for the review and approval or disapproval of new condominium project developments and the conversion of existing multiple-family rental housing to residential condominiums.
2. To establish criteria for new condominium developments and condominium conversion projects.
3. To ensure that the developer of the project provides adequate private outdoor living space, storage and parking space, open space and other amenities for residents of condominium project developments.
4. To provide for planning and compliance with the city's general plan, housing element and housing assistance plan.
5. To provide a desirable balance of rental and ownership housing within the city, and a variety of individual choice of tenure, type, price and location of housing.
6. To ensure that the project sponsor is attentive to the performance characteristics of the structure and mitigates such problems as vibration and noise transmission, which if not adequately attenuated, may nevertheless render the living environment within the project insufferable and the transfer of unit ownership difficult. (Ord. 2010-02 § 1 (part), 2010)
The developer of a new condominium project or a developer who desires to convert an existing multiple-family rental housing or a nonresidential structure to a residential condominium shall first submit an application for a use permit to the Community Development Department. The application shall include, but not be limited to, the following, in as many copies as the Community Development Department determines to be sufficient for its staff and the Planning Commission to evaluate the project:
A. A complete legal description of the property and a boundary map showing the existing topography of the site and the location of all existing easements, structures and other improvements, and trees over six (6) inches in diameter;
B. Dimensioned schematic development plans consisting of at least a site plan, parking plan, typical floor plan, building elevations showing natural and proposed grades, transverse and longitudinal section showing natural and proposed grades, and a conceptual landscaping plan for the project as a whole. (In instances where the project involves the conversion of an existing structure to condominium usage, the developer shall submit plans showing existing conditions and proposed improvements, and other information and plans as determined by the city staff).
C. A tabular analysis (submitted on forms provided by the city) showing how the project compares to the minimum standards for condominium projects in the district in which it would be located;
D. Drawings of typical detailed sections indicating types of wall, floor and ceiling construction that would be used in both common and interior partition walls within the condominium project, including either published data from a recognized and approved testing laboratory of a statement from a licensed acoustical engineer, or the city building official as to the STC (Sound Transmission Class) and IIC (Impact Insulation Class) of the proposed type of construction;
E. Such other information which the Planning Commission or Community Development Department determines is necessary to evaluate the proposed project;
F. No application shall be considered unless all the information required by divisions A. through E. inclusive, is provided to the Community Development Department, or the developer files with the Community Development Department an affidavit or declaration showing good cause for failure to provide such information. This affidavit or declaration shall set forth in detail all efforts undertaken to discover such information and all reasons why the information cannot be obtained;
G. Upon formal approval of the use permit, the developer will then be required to submit a tentative subdivision map for city approval unless the condominium conversion is exempt from the Subdivision Map Act pursuant to the California Government Code. (Ord. 2010-02 § 1 (part), 2010)
A. 1. To achieve the purpose of this chapter, the Planning Commission requires that all proposals for condominium usage made pursuant to the requirements of this section, including the conversion of existing multiple-residential structures to condominiums, conforms to the requirements of the residential district in which the project is located. Additionally, the Planning Commission must review the project proposal in order to determine its degree of compliance with both the condominium development standards and development criteria delineated in divisions B. and C. of this section. A condominium proposal which does not comply with all of the precise development standards in division B. of this section may be approved by the Planning Commission where the commission finds that there are unusual circumstances regarding the development's location, site or configuration, that the project is in substantial compliance with both the development standards and development criteria, and that there are mitigating features incorporated in the project which tend to further the expressed intent and purpose of this chapter.
2. Recognizing that the conversion of existing multiple residential structures to condominium usage presents unique problems with respect to the requirements of this chapter, the Planning Commission is empowered to vary any and all requirements contained in this chapter with regard to a particular conversion proposal upon a specific finding or findings that the creation of the proposed condominium will not contravene the intent and purpose of this chapter. Project characteristics of critical importance in determining whether or not a proposed conversion will contravene the intent and purpose include the age of the structure and the degree to which the proposal varies from the required standards for the following: Parking, private open space, storage space, sound transmission characteristics, fire protection and development criteria.
3. The Planning Commission is also empowered to impose conditions on any approval given which would require that specified modifications, designed to bring a structure into compliance with the condominium development standards contained in this section, are made to the structure proposed for conversion.
B. Condominium Development Standards. To achieve the purpose of this section, the Planning Commission shall require, except as noted above, that all condominium projects conform to the requirements of the residential district in which the project is located and all of the following condominium development standards:
1. All new condominiums or community apartment projects shall be developed with at least one (1) bedroom per unit and include garage/parking and storage.
2. Parking Requirements. All condominium developments shall conform to the following parking requirements: Each unit in the development, irrespective of size, shall have at least two and two-tenths (2 2/10) parking spaces consisting of two (2) owned spaces (minimum one (1) garage space), and two-tenths (2/10) guest space (common). All fractions to be rounded to next highest number with a minimum of one (1) guest space per development. All garages to be used primarily for storage of vehicles.
3. Requirement of Private Open Space for Each Unit. Each unit within the project shall have an appurtenant private patio, deck, balcony, atrium or solarium with a minimum area of one hundred fifty (150) square feet, except that a one (1) bedroom unit is required to have a minimum area of one hundred thirty (130) square feet. Such space shall be designed for the sole enjoyment of the unit owner, shall have at least two (2) weatherproofed electrical convenience outlets, and shall have a shape and size that would allow for optional usable space. Such space shall be at the same level as, and immediately accessible from a room within the unit. The Planning Commission may allow variations from the above dimensional standards where it can be shown that the required private open space meets the intent and purpose of this subsection.
4. Storage Space for Each Unit.
a. In addition to guest, linen, food pantry and clothes closets customarily provided, each unit within the project shall meet minimum FHA storage standards. All exterior storage spaces shall be weatherproof, lockable and meet fire department requirements. Such space shall be for the sole use of the unit owner. Walk-in exterior storage shall have a minimum clear access opening of two and one-half (2 1/2) feet by six and two-thirds (6 2/3) feet.
b. Such space may be provided in any location approved by the Planning Commission, but shall not be divided into more than two (2) locations within a reasonable distance of the unit.
c. If such space is located within a common area within the project, the association shall be responsible for the care and maintenance of the exterior surface of the space in order to assure that that surface is maintained in a manner compatible with the architectural treatment of the project.
d. Regardless of the location, the precise architectural treatment of such space shall be approved by the Planning Commission to ensure that such areas are safe, convenient and unobtrusive to the functional and aesthetic qualities of the project.
5. Sound Transmission Characteristics. Condominiums present a unique problem in relation to sound transmission. The following methods shall be utilized to regulate noise transmission:
a. Shock Mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps and compactors which is determined by the building official to be a source of significant structural vibration or structure-borne noise shall be shock-mounted in inertia blocks or bases and/or vibration isolators in a manner approved by the building official.
b. Noise Resistance. As a minimum, all common walls and floors between units shall comply with Uniform Building Code Standard No. 35-1. All separating floor-ceiling assemblies between separate units shall provide impact sound insulation equal to that required to meet an Impact Insulation Class (IIC) of fifty (50) (forty-five (45) if field-tested) as defined in Uniform Building Code Standard No. 35-2. Developers of conversions shall submit to the Community Development Department prior to approval of the tentative map a written statement of compliance signed by a certified sound engineer. (The sound transmission requirements stated in this subdivision do not preclude requirements outlined in the California Environmental Quality Act, appropriate city ordinances and criteria).
c. Plumbing shall be located within walls interior to the unit whenever possible. Any plumbing in common walls shall be wrapped and caulked to effectively reduce noise transmission.
d. Patios or balconies adjacent to bedroom areas shall be improved with solid walls constructed of masonry, wood, wood and stucco, wood on wood, or other acceptable materials at a rate of two (2) pounds per square foot minimum and to a minimum of five (5) feet in height.
6. Fire Prevention.
a. Every dwelling unit shall be provided with a smoke detector conforming to Uniform Building Code Standard No. 43-6. The detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located within twelve inches of the ceiling. Care shall be exercised to insure that this installation will not interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm in the dwelling unit.
b. Draft stops shall be placed in all attics that are determined to be accessible by the building official.
c. All condominiums shall meet minimum requirements of fire department.
7. Condition of Equipment and Appliances. On conversions, the developer shall provide a one (1)-year warranty to the buyer of each unit at the close of escrow on any dishwashers, garbage disposals, washers and dryers, stoves, refrigerators, hot water tanks and air conditioners that are provided. At such time as the Homeowners' Association takes over management of the development, the developer shall provide a one (1)-year warranty to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association is in operable working condition.
8. Condition of Paved Areas. Prior to close of escrow of conversion units, the developer shall make any repairs necessary to all paved surfaces to meet current city standards.
C. Condominium Development Criteria. The overall quality of the project, including design, site layout, density, open space and recreational facilities of the condominium shall be evaluated by the Planning Commission using the following criteria:
1. Land Use Intensity. Land use intensity shall be consistent with general plan and Zoning Code.
2. Overall Design and Site Layout. The following criteria shall be considered in reviewing the overall design and site layout of the project:
a. The project should have a comprehensive and integrated design, providing its own open space, off-street parking and amenities for contemporary living. Insofar as the scale of the project allows, open space, walkways and other areas for people should be separated from parking areas, driveways and areas for automobiles.
b. Architectural unity and harmony should be achieved both within the project and between the project and the surrounding community so that it does not constitute an adverse disruption to the established fabric of the community.
c. The layout of structures and other facilities should effect a conservation in street, driveway, curb cut, utility and other public or quasi-public improvements. Additionally, structures should be designed to minimize, within the context of accepted architectural practice, the consumption of natural resources either directly or indirectly, i.e., gas, water and electricity.
d. A landscape and lighting plan shall be submitted to and approved by the Planning Commission for all outdoor areas, and shall be submitted with or as part of the project site plan. The plan shall be subject to approval of the Planning Commission prior to the issuance of any building permits. Landscaping shall be installed prior to occupancy or, as the case with conversions, prior to close of escrow of the first unit. Landscaping shall be maintained in accord with the approved landscape plan.
e. Mailboxes shall be located in central locations in a manner approved by the Planning Commission and the postal service.
f. Access to all common areas (open space, facilities, parking) located on the ground floor areas shall be provided with a barrier-free design (including curb cuts, ramps, wide gates, etc.) for the handicapped.
g. All common areas shall be maintained by a homeowner's association.
3. Other Facilities. Consideration shall be given by the Planning Commission to the inclusion of the following facilities in the project:
a. A laundry area shall be provided in each unit, or if common laundry facilities are provided, then such facilities shall be subject to the review of the Planning Commission as to their adequacy.
b. Requirement shall be placed in the codes, covenants and restrictions precluding the parking of recreational vehicles and boats on required owned or guest spaces.
4. Utilities.
a. All units to be subdivided shall be provided with separate gas and electric meters and requirement made for individual shut-off valves.
b. All units shall be provided with separate water meters and shut-off valves. If a master water meter is used, private, individual meters will nonetheless be required for water service.
c. Sewer Lines. Condominium (air space) units: Each unit shall be provided a separate sewer lateral wherever possible. Where not possible, each floor shall have its own lateral and the Homeowner's Association shall be responsible for all maintenance of the common laterals from the individual unit to the connection with the main sewer line. Planned unit developments: Each unit shall be provided a separate sewer lateral. No cross-connections or common connections shall be allowed of any plumbing.
d. Individual utility meters, phone panels and address directories shall be clustered for efficient access for residents and service.
e. Group plumbing vents and ducts together wherever possible in condominium (air space) units to minimize roof penetration. Where mechanical equipment must be located on the roof, it shall be integrated into design of the roof and/or recessed or screened from view from adjoining properties.
D. Approval of Tentative/Final Subdivision Map. Approval of the tentative and final subdivision maps for new condominiums and conversions shall be pursuant to Section 66427 of the California Government Code and local subdivision ordinance as amended. (Ord. 2010-02 § 1 (part), 2010)
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