Burlingame Municipal Code Ch. 26.30 Condominium Subdivisions

This chapter is adopted to ensure each condominium project supports sound community planning; supports the economic, ecological, social and aesthetic qualities of the community; and supports the public health, safety and general welfare. Review criteria are needed to adequately evaluate residential, commercial and industrial condominium subdivisions and insure that they are consistent with the purposes of this chapter, the city's general plan, its implementing zoning, and this code.

(Ord. 1706 § 2, (2003))

Before final approval and issuance of any building permit for any condominium or condominium project, a developer, builder or other person seeking to construct such a project shall first apply for and obtain from the planning commission a condominium permit. A condominium permit shall be issued only:

(a) Upon approval of the planning commission, or city council upon appeal or review, finding that the project conforms to the provisions of Chapter 26.30 and to all applicable zoning regulations of Title 25 of this code; and

(b) Upon payment of fees in the amount required by this code and resolution of the city council.

Applications for condominium new construction permits shall be evaluated and processed pursuant to the procedural requirements set forth for conditional use permits in Title 25 of this code.

(Ord. 1015 § 1, (1974); Ord. 1706 § 2, (2003))

Any developer, builder or other person seeking to convert an existing structure to a condominium shall first apply for and obtain from the planning commission a condominium conversion permit pursuant to Chapter 26.32. Condominium conversions shall be limited to a parcel containing structures with a total of more than 20 residential units or with commercial, office, or industrial structures with a total of more than 20,000 square feet. Applications for condominium conversion permits shall be evaluated and processed pursuant to the procedural requirements set forth for conditional use permits in Title 25 of this code.

(Ord. 1015 § 1, (1974); Ord. 1206 § 1, (1981); Ord. 1706 § 2, (2003))

(a) Notwithstanding any other provision of this code, including any provision of Chapter 26.32, a stock cooperative as defined in Section 1351 of the Civil Code may be converted to a condominium as defined in Section 783 of the Civil Code if all of the following are met:

(1) The stock cooperative was legally organized and created pursuant to state and local law in effect at the time of the organization and creation, and the stock cooperative has continued in uninterrupted existence until the date of the conversion; and

(2) A tentative map and final map for a condominium are filed and approved by the council as provided in Chapter 26.08 in the forms provided for other condominium maps under this title; and

(3) All persons renting units in a cooperative are provided all tenant rights under state and local law, including, but not limited to, rights respecting first refusal, notice, and displacement and relocation benefits as described in Section 26.33.060.

(b) If the stock cooperative conversion is exempt from the Subdivision Map Act pursuant to Government Code Section 66412, then subsection (a)(2) shall not apply to the conversion application. Instead, the application shall be reviewed by the planning commission for conformance with Section 66412 and subsections (a)(1) and (a)(3) of this section, and upon approval by the commission, the city will certify conformance with Section 66412 and this section in a form to be recorded with the county recorder.

(c) Procedures for filing and approval of applications under this section, as well as appeals from decisions made, shall follow Sections 26.08.020, 26.08.021 and 26.08.030, as applicable, and Section 25.16.060.

(Ord. 1829 § 2, (2008))

Community and cooperatively owned apartments or commercial, office, or industrial units shall be subject to the same restrictions, conditions, requirements and application fees as new condominiums and condominium conversions under Chapter 26.32.

(Ord. 1015 § 1, (1974); Ord. 1706 § 2, (2003))

For the purpose of this title, the following words and phrases shall have the following definitions:

"Common areas"

means the entire project, excepting all units therein granted or reserved.

"Community or cooperatively owned"

means a development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment or space within a commercial building located thereon. For all purposes of this code, community or cooperatively owned structures shall be subject to the same restrictions, conditions and regulations as condominiums.

"Condominium"

means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of real property. Such separate interest may, with respect to the duration of its enjoyment, be either (1) an estate of inheritance or perpetual estate, (2) an estate for life, (3) an estate for years, such as a leasehold or sublease hold, or (4) a right of use. For the purposes of this chapter, a townhouse is a condominium.

"Condominium project"

means the entire parcel, or portion thereof, or real property, including all structures thereon, subdivided or to be subdivided, for the purpose of constructing or converting existing structures to condominium units.

"Conversion"

means a proposed change in the ownership interest of a parcel or parcels of land, together with the existing or added structures, some of which were previously occupied, from that established to the type of ownership interest defined as community apartments, stock cooperative, or condominiums.

"Open space"

means that area of a lot which is:

(1)

Open and unobstructed from the ground to the sky; or

(2)

Open and unobstructed from the ground to roof eaves or balconies above the ground floor; or

(3)

Area covered by swimming pools and swimming pool equipment enclosures, or other recreation-oriented construction and equipment or decks, including such areas as designated and equipped exercise facilities, meeting rooms, or other improved areas approved by the planning commission.

"Units"

means the elements of a condominium which are not owned in common with the owners of other condominiums in the project.

(Ord. 1015 § 1, (1974); Ord. 1706 § 2, (2003); Ord. 1810 § 2, (2007))

No condominium project, regardless of when initiated, for which a building permit has been issued shall be exempt from the requirements of obtaining a condominium permit or condominium conversion permit unless actual construction has commenced.

(Ord. 1015 § 1, (1974))

The following condominium standards shall apply to all land and structures proposed as a part of a condominium project and shall be evaluated and processed pursuant to the procedural requirements set forth for conditional use permits in Title 25 of this code. No condominium project or portion thereof shall be approved or conditionally approved in whole or in part unless the planning commission, or city council upon appeal or review, has reviewed and found the project conforms to the following on the basis of its effect on: sound community planning; the economic, ecological, social and aesthetic qualities of the community; and on public health, safety and general welfare:

(a) The overall impact on schools, parks, utilities, neighborhoods, streets, traffic, parking and other community facilities and resources;

(b) Conformity with the general plan, including the housing element, and zoning density and design regulations;

(c) A detailed development and site plan of the project including: the location, treatment and sizes of structures; separation between living units and along property lines; parking layout, access areas and exterior elevations; location and use of common areas and other designated open space and security provisions; and location of loading zone and trash enclosure, including recycling area, and mechanical equipment;

(d) A detailed landscaping plan indicating sun and shade patterns on the site, the types and sizes of landscaping materials retained and to be installed, and their suitability to the sun and shade conditions on the site;

(e) A detailed lighting plan indicating location and nature of lighting and lighting fixtures on all structures and in the common areas;

(f) A copy of conditions, covenants and restrictions and any condominium agreements for the project setting forth the occupancy and management policies for the project;

(g) For each condominium unit, floor plans indicating the total floor area, the number, type and size of rooms, the type of separation walls; provisions for achieving sound control and privacy; provisions for insulating exterior walls and roof from heat and cold; and location of hot water heaters, furnaces and storage areas within each unit and in the common areas; and

(h) Provisions for the dedication of land or easements for street widening, public access or other public purposes, where necessary, and in accordance with established planned improvements.

(Ord. 1015 § 1, (1974); Ord. 1706 § 2, (2003); Ord. 1810 § 3, (2007))

Except as otherwise provided by law, in approving or conditionally approving any condominium project, the following shall be required:

(a) Parking.

(1) For multiple-family residential condominiums, there shall be off-street parking as required by Chapter 25.70 of this code and at least one parking space shall be in the ownership of each residential unit. No on-site parking spaces shall be rented or leased to any on- or off-site person. Compact parking spaces shall be allowed in residential condominium development in the following ratio, but only if no unistall parking for required parking spaces is used:

(2) On-site guest parking spaces shall be provided for all residential condominium and cooperative developments. Guest parking spaces shall be held in common ownership, shall not be rented or assigned to residents or non-residents, and shall not be sold or transferred except with the sale of all units as a single entity. Guest parking spaces may be designed to compact standards as defined in Chapter 25.70. Guest parking spaces shall be provided in residential condominium and cooperative development in the following ratio:

(3) Except for residential condominium developments in the El Camino North (ECN district with a lot front on El Camino Real and with no frontage on any other street, all residential condominium developments shall provide an area for on-site deliveries.

(4) For commercial condominiums and commercial uses in mixed use residential condominiums, there shall be off-street parking as required by this code, which may include compact parking as allowed in Chapter 25.70. However, if any unistall parking is used for any required parking, no compact parking is allowed.

(5) Parking requirements compliant with the American Disabilities Act shall be provided on site as required by the California Building Code as adopted by this code.

(b) Access, Vehicular Driveways, and Parking Areas.

(1) All private streets, driveways, and parking areas shall be improved and constructed with a structural section in accordance with city standards. They shall be designed and maintained to insure access for municipal services to any dwelling unit therein.

(2) Only temporary parking for service vehicles shall be allowed in the driveway between the front property line and the face of the building. Calculation of private open space and common open space at ground level shall not include any vehicular driveways or parking areas.

(c) Setback Requirements. Front, side, and rear setbacks shall be as required by the zoning district regulations applicable to the real property being developed.

(d) Conditions, Covenants and Restrictions Agreements. Conditions, covenants and restrictions agreements shall contain, but not be limited to, adequate provisions for maintenance, repair and upkeep of all structures, site landscaping and other on-site improvements; provisions that in the event of destruction or abolishment, reconstruction shall be in accordance with codes in effect at the time of such reconstruction; and provisions for dedication of land or establishment of easements for street widening or other public purpose. Covenants, conditions and restrictions shall describe: powers, duties, rights and obligations set forth in Civil Code Section 1355; the proposed form of owners' association; and suggested by-laws, maintenance agreements, use restrictions, and special funds to cover emergency repairs; and require and enforce that on-site parking spaces be owned or assigned to condominium owners or held in common ownership by the condominium association shall be used only by bicycles or currently registered and operable motor vehicles as defined by the Vehicle Code.

(e) Landscaping and Open Space Standards.

(1) Front setback landscaping for residential condominium or cooperative development. Landscaping is required between the front property line and face of the building equal to and not less than 50% of the lot area within the required front setback. Emphasis should be placed on minimizing turf and ground cover areas and on planting larger scale and more vertical plant material which will frame and screen the view of the structure from the street. If a circular drive is provided a special permit may be requested to reduce the required front setback landscaping to 45% of the lot area within the required front setback.

(2) Site landscaping shall be suitable for the specific sun/shade environment of the lot.

(3) Private open space for residential condominium or cooperative development. Private open space shall be provided for each unit and shall be contiguous and directly accessible to each unit, except in the ECN district where private open space shall not be required for dwelling units on the ground floor. Private open space may be paved or landscaped and shall be screened or fenced for the privacy of the residential unit when located within four feet of established grade. Decks and balconies when designated for outdoor use may be used to satisfy this requirement. The following minimum standards for private open space shall apply:

(A) Seventy-five square feet for each ground floor unit with no dimension of the designated area less than 10 feet;

(B) Seventy-five square feet for each unit above the ground floor with no dimension of a designated area less than three and one-half (3-1/2) feet.

(4) Common open space for residential condominium and cooperative development. In addition to private open space, open space accessible to or enjoyed by all project residents shall be provided at not less than 100 square feet per dwelling unit, with no dimension of any designated common open space area to be less than 15 feet. Such common areas may be designed for passive or active use, and include landscaping or paving, provided such paving does not exceed 50% of the total required area. Common open space areas may be provided within the required rear setback area, or when the rear setback is inadequate, the open space may be provided on appropriately designed, rooftop areas.

(5) Common open space for commercial and industrial condominium developments. Common open space may be provided above the first floor, but is not required.

(f) Project Plans and Submittals. Project plans shall indicate accessibility for owners, guests, employees and customers to parking, storage, recreation and service areas; separation between living units and along property lines; provisions for security; orientation with respect to surrounding buildings and land uses; the location and type of utilities, building services and separate facilities for individual units and access easements to make repairs including:

(1) Separate gas and electric meters and separate water shutoff valves; individual residential unit climate controls and any proposed climate zones (based on types of unit uses) for non-residential condominium projects;

(2) Shock mounting of mechanical equipment to reduce sound transfer;

(3) Flexible connectors for electrical and plumbing connections;

(4) Sound levels shall satisfy adopted noise element criteria and all state standards;

(5) Other reports may be required by the city as a condition for approving a condominium permit including an economic report, social impact of relocation procedures; report of structural condition; report on building compliance with all building, fire and zoning codes for proposed uses; certificate of occupancy; and sufficient additional information prepared by licensed professionals to evaluate the soundness of the conversion proposed project.

(Ord. 1015 § 1, (1974); Ord. 1706 § 2, (2003); Ord. 1810 § 4, (2007))

A condominium permit granted or issued pursuant to this title shall become null and void when the tentative map for the condominium project expires because no final map has been filed in accordance with state law and this code, rather than the expiration time limit for planning approvals specified in Chapter 25.16.

(Ord. 1810 § 5, (2007))