Chino Municipal Code Ch. 19.11 Industrial and Commercial Condominium Conversions

The purpose of this chapter is to provide a legal process for the creation and conversion of industrial and commercial condominiums so as to protect both the community and the purchasers of condominium units. This chapter provides regulations to ensure adequate and safe building design and maintenance for all industrial and commercial condominium conversions in order to achieve this goal.

(Ord. 2010-07, § 1(exh. A), 2010.)

Applicants for industrial and commercial condominium conversion projects are subject to all requirements and procedures of the Subdivision Map Act and the Chino Subdivision Ordinance. In addition to all subdivision requirements for approval of tentative and vesting tentative maps as outlined in Chapters 19.02 and 19.03 of this title, applications for approval of tentative or vesting tentative maps for industrial and commercial conversion projects must be accompanied by the following items:

A. A physical elements report. The applicant must submit a physical elements report for each structure and facility as described in Subsection 19.10.020B. of this title.

B. Notice to tenants. The subdivider must supply proof of all written notices as required by the Subdivision Map Act for conversion projects as listed in Section 19.10.040 of this title.

C. Plot plan and description. The subdivider must provide 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. The type of business for each existing tenant.

3. Proposed parking layout and access areas, including total number of parking spaces, identifying compact and loading spaces.

4. Proposed landscaping, including total area of site to be landscaped.

5. A proposal for allocation of signage, based on the sign requirements of Title 16 of the Chino Municipal Code.

6. Sewer, water and storm drains.

7. Any other information required by the City of Chino.

D. Proposed declaration. The subdivider must provide a proposed declaration, as required by California Civil Code Section 1353. The declaration must include an agreement for the creation of an association responsible for common area maintenance, a clear designation of parking and signage rights, and a method for resolving differences.

E. Application for special conditional use permit. The subdivider must apply for a special conditional use permit for the conversion pursuant to Section 20.22.070 of the Chino Municipal Code.

(Ord. 2010-07, § 1(exh. A), 2010.)

Under California Government Code Section 66426, a condominium conversion is treated as a subdivision subject to the provisions in the Subdivision Map Act. The planning commission thus has the authority to approve, conditionally approve or deny a tentative map for a commercial or industrial condominium conversion of any size.

A. Acceptance of reports. The final form of the reports and other documents required under Section 19.11.020 of this chapter shall be as approved by the city. The reports in their accepted form shall remain on file with the department for review by the public. The subdivider shall provide each purchase with a copy of the reports in their final, accepted form.

B. Inspection and fees. Before submitting the final map, the owner shall request that an inspection of the premises be made by the building division. A project inspection shall be made by the building official 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 and other code requirements.

C. Corrective work. 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. When plans for corrective work are required, they shall be as approved by the appropriate city official listed above, before filing of the final map or parcel map.

D. Deposit. The city shall charge the usual fees, if applicable, or an hourly fee for the inspection and processing according to an estimated actual hourly cost to the city. 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. 2010-07, § 1(exh. A), 2010.)

The following standards apply to an industrial or commercial 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. The project shall conform to the applicable standards of Title 15 of the Chino Municipal Code, in effect at the time the last building permit was issued.

B. Fire prevention. Each unit shall be provided with a fire-warning system conforming to the adopted Uniform Building Code Section 1210(a) standards in type and locations. 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. Sound transmission.

1. Vibration transmission. All permanent mechanical equipment such as motors, compressors, pumps, compactors or any item determined by the building official to be a source of structural vibration or structural-borne noise shall be vibration-isolated with inertia blocks or bases or vibration isolator springs in a manner approved by the building official.

2. Noise standards. The structures shall conform to all interior and exterior sound transmission standards of the California Code of Regulations, Title 24, and Uniform Building Code, Appendix Chapter 35. Where present standards cannot reasonably be met, the planning commission may require the applicant to notify potential buyers of the noise deficiency currently within the unit.

D. Utility metering. Each unit shall be separately metered for gas, electricity and water, unless the declaration provides for the association to take responsibility for these.

E. Landscape maintenance. All landscaping shall be restored or new landscaping shall be installed to achieve a high degree of appearance and quality in accordance with Chapter 20.19 of the Chino Municipal Code. 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 design review committee.

F. Parking. Off-street parking shall be provided as required by Chapter 20.18 of the Chino Municipal Code for commercial and industrial zoning designations.

G. Refurbishing and restoration. Each main building, structure, fence, accessory building, sidewalk, driveway, landscaped area, utilities, and additional element as required by the department shall be refurbished and restored as necessary to achieve a high degree of appearance, quality and safety. The refurbishing and restoration is subject to review and approval by the department.

(Ord. 2010-07, § 1(exh. A), 2010.)

The planning commission may not approve an application for an industrial or commercial condominium conversion project unless it finds in the approving resolution that the proposed conversion conforms to the requirements of this chapter and is consistent with the general plan and Title 20 of the Chino Municipal Code.

(Ord. 2010-07, § 1(exh. A), 2010.)