Concord Municipal Code Art. III Nonresidential Condominium Conversions

This article establishes regulations for the conversion of existing nonresidential properties into condominiums. The intent of these regulations is to:

(a) Promote increased ownership opportunities for small businesses in Concord;

(b) Maintain the long-term economic value of nonresidential condominium properties;

(c) Encourage investment in and improvements to commercial and industrial properties;

(d) Ensure that converted nonresidential units achieve a high degree of appearance, safety, and quality and are consistent with the goals of the city;

(e) Establish a clear city review process and criteria for approval of nonresidential condominium conversions;

(f) Reduce the impact of conversion on tenants who may be required to relocate due to conversions by providing procedures for notification and adequate time for relocation; and

(g) Ensure that purchasers of converted nonresidential units have been properly informed as to the physical condition of the structure that is offered for purchase.

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

This article applies to the conversion of a nonresidential building to a condominium or similar type of common interest form of ownership.

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

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

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

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

(b) Use permit. All condominium conversions require Planning Commission approval of a use permit regardless of the number of parcels created.

(c) Design and site review. Condominium conversions involving modifications to a site or the exterior of a building may require design and site review in accordance with Chapter 18.415 (Design and Site Review).

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

(a) Tentative parcel maps and tentative maps, use permit, and design review. The Planning Commission shall concurrently review and act on applications including but not limited to a tentative map or tentative parcel map, use permit, and design review as required for all condominium conversions 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 condominium conversions creating four or fewer parcels, and the City Council shall take action on final maps for condominium conversions 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 condominium conversions 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 similar applications for condominium conversions shall be submitted concurrently with the tentative map or tentative parcel map application in accordance with Chapters 18.415 (Design and Site Review) and 18.435 (Minor Use Permits and Use Permits). Condominium conversion use permit applications shall include all required fees, information, and materials as specified in the city’s condominium conversion use permit application checklist.

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

(a) Public notice and hearing. The Planning Commission shall take action on the use permit and tentative map or tentative parcel map application at a noticed public hearing in accordance with Chapter 18.500 (Public Hearings).

(b) Findings. The Planning Commission may approve the use permit and tentative map or tentative parcel map for the condominium conversion only after making all of the following findings:

(1) All findings can be made for approval of the tentative map or tentative parcel map (Section 17.10.080 (City action)) and the use permit (Section 18.435.060 (Findings and decision)).

(2) The proposed conversion 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.

(3) If the property does not comply with one or more Development Code standards, the Planning Commission can make all the findings specified in Section 17.35.350(c) (Findings).

(4) The overall design and physical condition of the condominium conversion will achieve a high standard of appearance, quality, useful life, and safety.

(5) The quality of architecture, construction, and other design features of converted units are substantially equal to new condominium units or comparable tenant space.

(6) Each tenant and each prospective tenant has, or will have, received all applicable notices and rights required by this division or by applicable state law.

(7) The amount and impact of the displacement of tenants resulting from the conversion will not have a detrimental effect on the health, safety, or general welfare of the community.

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

In granting a use permit and tentative map or tentative parcel map for a condominium conversion, 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.

(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 condominium conversions.

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

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

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

(a) Compliance with Development Code. Except as allowed by Section 17.35.350 (Exceptions to development standards), a nonresidential condominium conversion project shall conform to all applicable requirements of the Development Code, including, but not limited to:

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

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

(3) Sign standards in Chapter 18.180 (Signs).

(4) Off-street parking and loading 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 conversions shall comply with the current city-adopted building codes and regulations as established in Title 15 (Buildings and Building Regulations).

(c) Retail parking. For condominium conversion of retail centers, customer parking areas must be common space available to all retail customers. Parking areas shall be controlled and maintained by a property owners’ association and/or equivalent maintenance entity.

(d) Utilities.

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

(2) Electric and gas meters shall be provided to serve each individual unit in accordance with rules of the servicing utility on file with the California Public Utilities Commission and in effect on the date the application for conversion is accepted for filing by the city.

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

(a) Permitted exceptions. The Planning Commission may allow the condominium conversion of an existing nonresidential development that does not comply with the following Development Code standards:

(1) Physical standards for the applicable zoning district, including standards for density, floor area ratio, lot area and dimensions, lot coverage, building height, and setbacks.

(2) Off-street parking requirements in Chapter 18.160 (Parking, Loading, and Access).

(3) Landscaping requirements in Chapter 18.165 (Landscaping).

(4) Other similar physical development standards in the Development Code as determined by the Planning Commission.

(b) Prohibited exceptions. The Planning Commission may not allow a condominium conversions of an existing development that conflicts with the following Development Code standards:

(1) Permitted land use (e.g., to allow an office use in a zoning district where the Development Code does not allow office uses).

(2) Any standard required by the general plan.

(3) Any requirement of the current city-adopted building codes and regulations as established in Title 15 (Buildings and Building Regulations).

(c) Findings. In addition to the general findings for condominium conversions in Section 17.35.170(b) (Findings), the Planning Commission may approve a condominium conversion of an existing development that does not comply with the Development Code standards specified in subsection (a) of this section (Permitted exceptions) only after making all of the following findings:

(1) Available evidence indicates that the nonconformity was legally established.

(2) The nonconformity has not resulted in a notable negative impact or nuisance to the surrounding area.

(3) The nonconformity is compatible with the general character of the surrounding area.

(4) The nonconformity is consistent with the purpose and intent of the applicable zoning district.

(5) The nonconformity has been brought into compliance with the Development Code to the greatest extent possible.

(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&Rs shall include all content required by Section 17.35.110 (Covenants, conditions, and restrictions) for new nonresidential condominiums.

(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))

(a) At least 60 days before submitting an application for a tentative map or tentative parcel map, the subdivider shall give notice of the intention to convert to each tenant and prospective tenant in accordance with Government Code Sections 66452.8 and 66452.9.

(b) Evidence of receipt of the notice by each tenant and prospective tenant shall be submitted with the use permit and tentative map or tentative parcel map application for the condominium conversion.

(c) After approval of the use permit and tentative map or tentative parcel map, each tenant shall receive 180 days’ written notice of intent to convert prior to termination of tenancy due to the conversion.

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