§ 20.31

As further described in the definitions section, Chapter 20.36, Airspace Subdivisions differ from Common Interest Subdivisions in that they do not share interest in a common area within the map boundaries. Instead, airspace subdivisions divide property ownership into three-dimensional spaces, often stacked upon one another. Airspace Subdivisions are not allowed within residential zoning districts and are intended to serve mixed use, multi-story buildings within all commercial zoning districts where permitted.

(ORD-23-0051 § 1(Exh. A), 2023)

A.

All tentative maps creating airspace lots shall be required to incorporate a deed restriction which ensures the following:

1.

Airspace lots shall have access to appropriate public rights of way by means of one or more easements or other entitlements to use, in a form satisfactory to the Public Works Director, City Attorney, and Building Official.

2.

Parking requirements, inclusionary housing requirements, Building Code requirements, all other applicable property development standards required by the Zoning Regulations, and any other technical code requirements affecting the development of the property, shall be determined for the air space lots as if all lots in the air space subdivision were merged into the same lot.

B.

Individual buildings that are subdivided by an airspace map shall be reviewed as a single building for purposes of the building code, zoning code, and General Plan policies. Property development standards including, but not limited to density, lot coverage, floor area ratio, parking, height, and setbacks shall be calculated as if the subdivided building were within one lot.

1.

In addition to the application submittal requirements for tentative maps, the tentative map shall provide cross-sectional drawings showing how the proposed building or buildings are to be divided into ownership boundaries.

(ORD-23-0051 § 1(Exh. A), 2023)

CHAPTER 20.32 - CONDOMINIUM, COMMUNITY APARTMENT PROJECT AND STOCK COOPERATIVE CONVERSION[[6]]

Footnotes:

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State Law reference— Provisions on improvement security, Gov. Code § 66499 et seq.

ARTICLE 1. - GENERAL PROVISIONS

20.32.010 - Purpose.

A.

This Section shall provide for the regulations of ownership conversion projects where ownership of existing buildings is subdivided into common interest ownership whether such subdivision involves residential to residential; residential to commercial/industrial; commercial/industrial to commercial/industrial or commercial/industrial to residential use conversions. Common interest conversions include:

1.

Conversions to condominium as defined in Section 1350 of the Civil Code;

2.

Conversion to community apartment projects, as defined in Section 11004 of the Business and Professions Code; or

3.

Conversion to stock cooperatives, as defined in Section 11003.2 of the Business and Professions Code.

B.

This Section recognizes that a conversion is different from a new construction in that the owners of a unit in a conversion take responsibility for a building built under standards that may be less stringent than those that are currently deemed necessary, and existing tenants may be displaced by a conversion. A conversion also differs from a rental property in that the unit owner assumes long-term responsibility for the unit owned, for the common areas of the project, and the higher level of economic cost required to own instead of rent.

C.

The intent of this Section is thus to provide increased ownership opportunities for all segments of the population; to mitigate the hardship caused by displacement of tenants (particularly those in low to moderate cost housing, those who are elderly, families with low income, and other special needs households; and to assure that conversion projects maintain long-term economic value for the owner. Therefore, such conversions shall be permitted, provided that they comply with the minimum standards, and meet the required findings subject to the action of the decision-making body set forth in this Section for the type of conversion proposed.

(ORD-23-0051 § 1(Exh. A), 2023)