§ 12.43

Commercial condominium projects differ from other commercial subdivisions in numerous respects, particularly as to development standards and ownership of individual units and jointly held common areas. The purpose of this chapter is to address the special attributes of condominium conversions and to adopt development standards which will protect both the community and the purchasers of condominium units. This chapter applies to commercial and industrial condominium conversions (Government Code section 66427).

(Ord. 1117 § 5 Exh. D (part), 2008)

In this chapter, terms have the meanings set forth in Tracy Municipal Code section 12.08.010, Definitions. In particular, see the definitions for "Association," "Condominium," "Commercial condominium," "Declaration," "Department" and "Director."

(Ord. 1117 § 5 Exh. D (part), 2008)

In addition to the other subdivision requirements and procedures, a conversion is subject to the requirements in this chapter. An application for approval of a tentative map for the commercial condominium subdivision shall be accompanied by the following items:

(a)

Plot plan and description. A plot plan and description of the project, including:

(1)

The location and sizes of existing and proposed structures, including the square footage of each building and each unit;

(2)

Type of business for each existing tenant;

(3)

Parking layout and access areas, including total number of parking spaces (identifying compact spaces) and loading spaces;

(4)

Landscaping;

(5)

A proposal for allocation of signage, based on the sign requirements of Tracy Municipal Code title 10, article 35, Signs;

(6)

Sewer, water and storm drains; and

(7)

Any other information required by the Department.

(b)

Proposed declaration. A proposed declaration, as required by California Civil Code section 1353. The declaration shall include an agreement for common area maintenance and a method for resolving differences. The declaration shall include a provision substantially as follows:

The City of Tracy Municipal Code, Title 10, Planning and Zoning, regulates (1) the uses of property and required parking and (2) allowable signage. No assigned parking is allowed.

(Ord. 1117 § 5 Exh. D (part), 2008)

(a)

Subdivision procedures. Under Government Code section 66426, a condominium conversion is treated as a subdivision subject to the provisions of the State Map Act and this title. The Planning Commission has the authority to approve, conditionally approve or deny a tentative map or vesting tentative map for a condominium conversion of any size (Tracy Municipal Code section 12.08.030).

(b)

Inspection and fees. Before submitting the final map, the owner shall request that an inspection of the premises be made by the Department for conformance to section 12.43.070. A project inspection shall be made by the Chief Building Official, the Director and the City Engineer. The inspection shall include structures, common areas, site improvements, public improvements and other related facilities. A deficiency list shall be compiled during the inspection of all corrections required to conform to the requirements of this section, section 12.43.070 and other Code requirements.

When the final inspection is complete, a copy of the deficiency list shall be transmitted to the subdivider. All deficiencies must be corrected to the satisfaction of the City before filing of the final map or parcel map.

The City shall charge the fees established by City Council resolution, if applicable, or an hourly fee (estimated actual hourly cost to the City) for the inspection and processing. The owner shall post a cash deposit in an amount equal to the estimated cost of inspection. The deposit will be applied towards the inspection fee with any refund or balance due to be resolved before the approval of the final map by the City Council. Any balance due shall be paid before recordation of the final map.

(Ord. 1117 § 5 Exh. D (part), 2008)

The following standards apply to a condominium conversion. These standards must be satisfied, or security provided in a form approved by the City Attorney, before the final map or parcel map is approved.

(a)

Building regulations.

(1)

The building and each element shall conform to the applicable standards of the City building code in effect at the time the last building permit was issued for the building or element. The project may also be subject to other requirements under the current building code, as determined by the Chief Building Official.

(2)

Ground fault circuit interrupters are required in each bathroom, kitchen and break room.

(b)

Fire prevention.

(1)

Fire-warning systems. Each unit shall be provided with a fire-warning system conforming to the adopted building code standards in type and locations.

(2)

Maintenance of fire protection systems. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire-protective appliances shall be retained in an operable condition at all times.

(c)

Utilities.

(1)

Each unit shall be separately metered for gas and electricity.

(2)

For water conservation, each unit shall have its own water meter, or sub-meter billed through the condominium association. If any unit has automatic watering of its own landscaping, that water shall be on the same meter as that of the unit (rather than on a common area meter). If the subdivider can demonstrate that this water meter standard cannot reasonably be met, the City Council may modify this standard based on the finding set forth in section 12.40.080 of this title.

(3)

Before recording a final map, the subdivider shall underground any overhead utilities in accordance with chapter 11.08 of this Code.

(4)

All roof- and ground-mounted utilities (and mechanical units) shall be screened from public view, to the satisfaction of the Director.

(d)

Landscaping. All landscaping shall be restored or new landscaping shall be installed to achieve an attractive appearance, as determined by the Director. Provisions shall be made in the declaration for continuing maintenance of all landscaped areas. Existing landscaping is subject to review and approval by the Department. If new landscaping is proposed, the design of all landscaping is subject to review and approval of the City. The property owner shall be required to enter into and record a standard landscape maintenance agreement, or to include essentially similar provisions in the recorded declaration.

(e)

Parking. Off-street parking shall be provided as required by the zoning ordinance. (See section 10.08.3480 of this Code.) Parking areas shall be held in common and no assigned parking is allowed.

(f)

Trash and recycling collection area.

(1)

Trash and recycling collection areas shall be provided within 250 feet of the doorway to the unit(s) they are designed to serve, and sized appropriately to accommodate trash and recycling. Such areas shall be enclosed within a building or roofed and screened with masonry walls six (6′) feet or higher to screen trash receptacles. Materials other than masonry may be used when specifically approved by the approving body when it finds that due to extenuating circumstances regarding architectural compatibility or location, such as the proximity to underground utilities, the footing for masonry construction would be a detriment to such utilities. Access gates or doors to any trash area, not enclosed within a building, are to be of opaque material.

(2)

The storage area shall comply with the City's stormwater management requirements.

(3)

The design of collection areas shall be to the satisfaction of the Director.

(g)

Connectivity. Wherever possible, as determined by the Director, vehicular and pedestrian connections shall be made to adjacent sites and the public right-of-way.

(h)

Screening of mechanical units. Screening of mechanical units and utility meters shall be provided as required by the Director.

(Ord. 1117 § 5 Exh. D (part), 2008)

The Planning Commission may not approve an application for commercial condominium conversion unless it makes the following findings in the approving resolution. (The usual subdivision findings as set forth in section 12.16.070 of this title do not apply to the conversion of existing buildings (Government Code section 66427.1).)

(a)

The proposed conversion conforms to the requirements of this title;

(b)

The proposed conversion is consistent with the Tracy General Plan and Tracy Municipal Code title 10, Planning and Zoning.

(Ord. 1117 § 5 Exh. D (part), 2008)

Chapter 12.44 - REVERSIONS TO ACREAGE

Sections: