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)