§ 19.85

A.

Commercial and industrial condominium conversion projects differ from other commercial and industrial subdivisions in numerous respects, particularly as to development standards and ownership of individual units and jointly held common areas.

B.

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.

C.

This Chapter applies to commercial, industrial, and mixed-use condominium conversions. in compliance with Government Code Section 66427.

For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Association. A nonprofit corporation or unincorporated association created for the purpose of managing a condominium or other common interest development in compliance with Civil Code Section 1351.

Condominium. 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 commercial, industrial, or residential structure located on the real property (e.g., apartment, office, or store). A condominium may include, in addition, a separate interest in other portions of the real property in compliance with Civil Code Section 783.

Condominium Conversion. The conversion of an existing structure into separately owned commercial, industrial, or mixed-use units.

Declaration. The document (covenants, conditions, and restrictions (CC&Rs), or however titled) which contains the restrictive covenants of the development, consistent with Civil Code Section 1353.

The applicant shall submit evidence to the Department that a certified letter of notification was sent to each tenant at least 30 days before the filing of an application for a subdivision in compliance with this Chapter, with a statement that all tenants have been notified of the following information:

A.

The name, address, and telephone number of the current owner and/or applicant and of any person designated by the applicant as the person to be contacted for future information;

B.

The approximate date on which the application for a subdivision is proposed to be filed;

C.

The approximate date on which the unit is to be vacated by non-purchasing tenant(s);

D.

The anticipated price range and terms of sale for each type of unit;

E.

The proposed property owners' association fees;

F.

A copy of the applicable condominium conversion regulations;

G.

The address and telephone number of the City of Duarte Community Development Department; and

H.

Notification to tenants that, upon filing an application, the structure(s) subject to subdivision and selected units may be inspected by City representatives.

In addition to the other subdivision requirements and procedures, a commercial, industrial, or mixed-use conversion is subject to the requirements specified in this Chapter. An application for approval of a tentative map for the condominium subdivision shall be accompanied by all of the following items.

A.

Application, fees, and deposits required. An application for a nonresidential condominium conversion shall be filed and processed in compliance with Chapter 19.112 (Application Processing Procedures) and this Article. The application shall include the information and materials specified in the Department handout for nonresidential condominium conversion applications, together with the required fee in compliance with the Planning Fee Schedule.

B.

Development plan. A development plan of the proposed project including location and sizes of existing and proposed structures, parking layout, access areas, sewer, storm drains, water, and any other information required by the Director.

C.

Proposed declaration. A proposed declaration, as required by Civil Code Section 1353. The declaration shall include an agreement for common area maintenance, a clear designation of parking and sign rights, and a method for resolving differences. The declaration shall include a provision substantially as follows:

"The City of Duarte Development Code regulates (1) the uses of property and required parking and (2) allowable signs. The City will not issue a Building Permit or a Sign Permit unless it is first authorized in writing by the association. This authorization shall be submitted with an application to the City, and for parking shall include a comprehensive parking layout and calculation to show there is sufficient parking for the proposed modification and all existing development. For signs, the authorization shall indicate the total signs allocated to the property and to each unit. This provision may not be modified without the written consent of the City."

D.

Allocation of parking and signs. Each proposal shall include all of the following:

1.

Square footage of each unit, and the type of business for each existing tenant;

2.

An allocation of parking based on the parking requirements for commercial and industrial projects as specified in Chapter 19.38 (Off-Street Parking and Design); and

3.

An allocation of signs based on the sign requirements for commercial and industrial projects as specified in Chapter 19.42 (Signs) and any existing master sign program.

A.

Subdivision procedures. Under Government Code Section 66426, a condominium conversion is treated as a subdivision subject to the provisions of the Act and this Article.

B.

Acceptance of reports—Copy to buyers.

1.

The final form of all of the information required by Section 19.85.030 (Submittal Requirements), above, shall be as approved by the City.

2.

The information in its final, accepted form shall remain on file with the Director for review by the public.

The subdivider shall provide each purchaser with a copy of the information (in its final, accepted form).

C.

Inspections and associated fees.

1.

Before submitting the final map, the subdivider shall request that an inspection of the premises be made by the Director for compliance with Section 19.85.070 (Inspection and Fees), below.

2.

A project inspection(s) shall be made by the Building Official, the City Engineer, and the Director.

3.

The inspection shall include common areas, public improvements, site improvements, structures, and other related facilities.

4.

A deficiency list shall be compiled during the inspection of all corrections required to comply with the requirements of this Section, Section 19.85.070 (Inspection and Fees), below, and other applicable Development Code requirements.

5.

When the final inspection is complete, a copy of the deficiency list shall be transmitted to the subdivider.

6.

All deficiencies shall be corrected to the satisfaction of the City before filing of the final map.

7.

When plans for corrective work are required, they shall be as approved by the appropriate City official specified in Subparagraph 2., above, before filing of the final map.

8.

The City shall charge the usual fees, if applicable, or an hourly fee (estimated actual hourly cost to the City) for the inspection and processing.

9.

The subdivider shall post a cash deposit in an amount equal to the estimated cost of inspection(s).

The deposit shall be applied towards the inspection fee with any refund or balance due to be resolved before the approval of the final map by the applicable review authority.

11.

Any balance due to the City shall be paid before recordation of the final map.

In reviewing requests for conversion of existing commercial, industrial, and/or mixed-use space to condominiums, the review authority as set forth in Table 5-1, shall consider all of the following:

A.

Whether or not the amount and impact of the displacement of tenants if the conversion is approved would be detrimental to the health, safety, or general welfare of the community;

B.

The need and demand for lower cost commercial, industrial, and/or mixed-use ownership opportunities which are increased by the conversion of commercial, industrial, and/or mixed-use space to condominiums; and

C.

If the review authority determines that vacancies in the project have been increased for the purpose of preparing the project for conversion, the tentative map may be denied.

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

A.

Building regulations. The project shall comply with the applicable standards of the City adopted Building Code in effect at the time the last Building Permit was issued.

B.

Fire prevention.

1.

Fire warning systems. Each unit shall be provided with a fire warning system complying with the Building and Fire Code standards adopted by the City in type and locations.

2.

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

C.

Landscape maintenance.

1.

All landscaping shall be restored or new landscaping shall be installed to achieve a high degree of appearance and quality as specified in Chapter 19.40 (Landscaping).

2.

Provisions shall be made for continuing maintenance of all landscaped areas.

3.

All existing and new landscaping is subject to review and approval by the Director.

D.

Parking. Off-street parking shall be provided in compliance with this Development Code for commercial and industrial projects as specified in Chapter 19.38 (Off-Street Parking and Design).

E.

Refurbishing and restoration.

1.

Each accessory structure, driveway, fence, landscaped area, main structure, sidewalk, utility, and any additional element required by the Director shall be refurbished and restored as necessary to achieve a high degree of appearance, quality, and safety.

2.

The refurbishing and restoration is subject to review and approval by the Director.

F.

Sewer.

1.

The sewer system shall be inspected and brought up to current standards, subject to the approval of the City Engineer.

2.

If the structure proposed for condominium conversion has not been levied a sanitary sewer line charge or other charges or fees required for ownership units, the owner or subdivider shall pay any charges required by the responsible sewering authority, and shall provide to the City proof of the payment.

G.

Sound transmission.

1.

Vibration transmission. All permanent mechanical equipment (e.g., compactors, compressors, motors, and pumps) which is determined by the Building Official to be a source of structural vibration or structuralborne 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.

a.

The structures shall comply with all interior and exterior sound transmission standards of the State Administrative Code, Title 24, and the Building Code.

b.

Where present noise standards cannot reasonably be met the Director may require the applicant to notify potential buyers of the noise deficiency currently within the unit(s).

H.

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

I.

Windows and doors.

1.

All windows and doors shall be inspected and brought up to current energy efficiency standards, subject to the approval of the Building Official.

2.

All windows and doors shall meet applicable window and door emergency escape/rescue requirements.

The review authority may approve or conditionally approve a commercial or industrial condominium conversion application only after first making all of the following findings:

A.

All provisions of this Chapter and all applicable provisions of this Development Code are met;

B.

The proposed conversion is consistent with the General Plan and any applicable specific plan;

C.

The proposed conversion will conform to all Municipal Code provisions in effect at the time of tentative map approval, except as otherwise provided in this Chapter; and

D.

The overall design and physical condition of the condominium conversion achieve a high degree of appearance, quality, and safety.

A.

Compliance with Title 16 required. Building inspection and associated fees shall be in compliance with Municipal Code Title 16 (Buildings and Construction).

B.

Compliance with Municipal Code required. Inspection and associated fees for required public and private street and utility improvements shall be in compliance with other applicable Sections of the Municipal Code.

The procedures and requirements related to appeals and public hearings in Article 8 (Development Code Administration) shall apply following the decision on a nonresidential condominium conversion application.

Chapter 19.86 - RESIDENTIAL CONDOMINIUM CONVERSIONS

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