Concord Municipal Code Art. I New Residential and Nonresidential Condominiums

This article establishes requirements for the approval of new condominiums and other forms of common interest residential and nonresidential property. These requirements are intended to address the special attributes of condominium subdivisions and to adopt development standards which will protect both the community and the purchasers of condominium dwelling units.

(Ord. No. 17-9 (Exh. A))

This article applies to all new residential and nonresidential condominiums, stock cooperatives, community apartments, or any other subdivision of common interest property.

(Ord. No. 17-9 (Exh. A))

(a) Subdivision maps. Pursuant to Government Code Section 66426, a condominium is treated as a subdivision subject to this title and the Map Act. As such, a condominium project requires city approval of subdivision maps as described in Article III (Maps Required) of Chapter 17.05 (General Provisions) and as follows:

(1) Condominiums creating four or fewer parcels: tentative parcel map and a parcel map.

(2) Condominiums creating five or more parcels: tentative map and a final map.

(b) Use permits. All condominium projects, regardless of the number of units created, require Planning Commission approval of a use permit in accordance with Chapter 18.435 (Minor Use Permits and Use Permits).

(c) Other permits and approvals. In addition to required subdivision maps, a proposed condominium is subject to the same permit and approval requirements that apply to other proposed projects as required in the applicable zoning district, including but not limited to design and site review and use permit approvals.

(Ord. No. 17-9 (Exh. A))

(a) Tentative maps, use permit, and design review. The Planning Commission shall concurrently review and act on applications including but not limited to tentative map or tentative parcel maps, design and site review, and use permits as required for all condominiums regardless of the number of parcels created.

(b) Parcel maps and final maps. In accordance with Section 17.10.160 (Review authority), the City Engineer shall take action on parcel maps for condominiums creating four or fewer parcels, and the City Council shall take action on final maps for condominiums creating five parcels or more.

(Ord. No. 17-9 (Exh. A))

(a) Subdivision maps. Applications for tentative maps, tentative parcel maps, final maps, and parcel maps for condominiums shall be submitted and reviewed in accordance with Chapter 17.10 (Subdivision Maps).

(b) Use permits and design and site review. Applications for use permits, design and site review, and other approvals when required by the Development Code shall be submitted concurrently with the tentative map or tentative parcel map application in accordance with Development Code requirements. Applications shall include all required fees, information, and materials as specified in the city’s application checklist for the required permits and approvals.

(Ord. No. 17-9 (Exh. A))

(a) Public notice and hearing. The Planning Commission shall take action on condominium applications at a noticed public hearing in accordance with Chapter 18.500 (Public Hearings).

(b) Findings. The Planning Commission may approve the application only after making all of the following findings:

(1) The proposed condominium is consistent with all applicable requirements of this title.

(2) All findings can be made for approval of the tentative map or tentative parcel map (Section 17.10.080 (City action)) and the permits and approvals as required by the Development Code for the proposed condominium.

(3) The proposed condominium is consistent with the requirements of this title, general plan, any applicable specific plan, any policy or guideline implementing the general plan, the Development Code, and all other applicable provisions of the Municipal Code.

(Ord. No. 17-9 (Exh. A))

(a) General. Post-decision procedures that apply generally to tentative maps and tentative parcel maps as established in Article I (Tentative Maps and Tentative Parcel Maps) of Chapter 17.10 (Subdivision Maps), including but not limited to map expiration and extensions, amendments to approved maps, and appeals, shall also apply to approved tentative maps and tentative parcel maps for condominiums.

(b) Parcel map or final map. Following city approval of a use permit and tentative map or tentative parcel map for a condominium, the condominium becomes effective only after the city approves a final map or parcel map for the condominium in accordance with Article II (Parcel Maps and Final Maps) of Chapter 17.10 (Subdivision Maps).

(Ord. No. 17-9 (Exh. A))

(a) Compliance with Development Code. Condominium projects shall conform to all applicable requirements of the Development Code, including, but not limited to:

(1) Development standards (e.g., maximum density, maximum height, minimum setbacks) of the zoning district where the project is located.

(2) Landscaping standards in Chapter 18.165 (Landscaping).

(3) Minimum private and common open space requirements in Section 18.150.100 (Open space and recreational facilities for residential development).

(4) Off-street and minimum guest parking standards in Chapter 18.160 (Parking, Loading, and Access).

(5) Trash and recycling collection area standards in Section 18.150.150 (Solid waste and recycling storage).

(b) Building code. All condominium projects shall comply with the current city-adopted building codes and regulations as established in Title 15 (Buildings and Building Regulations).

(c) Utilities. All utility meters and other utility apparatus shall be concealed from public view.

(d) Specific to residential condominiums.

(1) Laundry facilities. All units shall be equipped with space and outlets for washers and dryers, unless the Planning Commission approves a common laundry area.

(2) Private storage space. Each unit shall have a minimum of 200 cubic feet with no less than 25 square feet of enclosed weatherproofed and lockable private storage space in addition to clothes, guest, linen, and pantry closets customarily provided in each unit. The space shall be provided in any location approved by the Planning Commission, but may not be divided into two or more locations for each unit.

(e) Condominium associations. A condominium association and/or equivalent maintenance entity shall be created for all condominium projects to ensure proper ongoing maintenance of improvements utilized in common. The association shall be governed by covenants, conditions, and restrictions (CC&Rs) approved by the city in accordance with Section 17.35.110 (Covenants, conditions, and restrictions).

(Ord. No. 17-9 (Exh. A))

Condominium projects of two or more residential units shall comply with the inclusionary housing requirements in Chapter 18.185 (Affordable Housing).

(Ord. No. 17-9 (Exh. A))

(a) General conditions. In granting a use permit and tentative map or tentative parcel map for a condominium, the Planning Commission may attach conditions as necessary to ensure compliance with the general plan, any applicable specific plan, the Development Code, or other applicable provisions of the Municipal Code.

(b) Standard conditions. In addition to conditions attached in accordance with subsection (a) of this section (General conditions), the following conditions shall apply to Planning Commission approval of a use permit and tentative map or tentative parcel map for all condominiums:

(1) Before the initial meeting of the condominium association, the subdivider shall supply the condominium association with copies of final approved building and site plans which shall show, among other items, the location of major utilities and services, utility easements, and underground wiring.

(2) The subdivider shall make available the following information and documents to all potential and actual buyers of units in the condominium project:

a. The approved budget for maintenance and operation of common facilities, plus reserves, including the estimated monthly costs to the owner of each unit, projected over a five-year period. The budget shall be reviewed or prepared by a professional management firm familiar with costs of similar properties, or by other qualified professional, and that firm or person shall provide a statement of recommendations on the budget, together with a statement of professional qualifications.

b. The covenants, conditions and restrictions (CC&Rs), which must be recorded.

c. The project conditions of approval.

d. Any other information as required by the Planning Commission.

(3) The subdivider shall provide the condominium association the following minimum warranties from the date of final map or parcel map approval, unless otherwise specified:

a. A five-year warranty that all roofs and exterior finishes are sufficient and will be maintained as is necessary to ensure weatherproof conditions.

b. A five-year warranty that moisture barriers are sufficient to prevent collection of moisture on the ground under the buildings.

c. A five-year warranty of a useful life for all paved areas within the project.

d. A five-year warranty of structural soundness of all swimming pools in the project.

e. A one-year warranty at the close of escrow on any fixed appliances appurtenant to each unit.

f. A one-year warranty at such time as escrow has closed on the sale of 51 percent of the units that all appliances and mechanical equipment to be owned in common are in operable working condition. The developer shall be responsible to maintain any appliances and mechanical equipment prior to the time that 51 percent of the units are sold.

(4) The subdivider shall establish the following minimum reserves prior to issuance of the first certificate of occupancy:

a. A fund in the name of the condominium association that shall be earmarked for long-term reserves for capital maintenance replacement, and shall be equal to two times the estimated monthly assessment for each dwelling unit.

b. A fund, through cash deposit or bond, equal to $500.00 for each dwelling unit in the project as minimum security for the various warranties required by the city. Such fund shall be maintained for the maximum period of the warranties.

(Ord. No. 17-9 (Exh. A))

(a) City review and approval. Covenants, conditions, and restrictions (CC&Rs) shall be submitted to the city and shall be reviewed and approved by the City Attorney prior to city approval of the final map or parcel map.

(b) Required content. The CC&R contents shall include, but not be limited to, pertinent information regarding the conveyance of units and the assignment of parking, an agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for maintenance, and an indication of appropriate responsibilities for maintenance of all improvements and utility systems for each unit.

(c) Conditions of approval and recording. The CC&Rs shall reference by incorporation the approved conditions of approval for the condominium conversion, and shall be recorded in conjunction with the final map or parcel map.

(d) Amendments. CC&R provisions that relate to the approved conditions of approval may not be amended without city approval.

(Ord. No. 17-9 (Exh. A))