Chapter 19.44 — CONDOMINIUMS

The purpose of this chapter is to establish the development and design standards, procedures and required findings for the construction of condominiums, stock cooperatives, community apartments, or any other subdivision of community owned property. More specifically, the purposes of this chapter are to:

A.

Ensure that new condominiums meet sound construction criteria required under state and local regulations and that the density, bulk, height, mass, and character of condominium projects are in character with nearby structures;

B.

Provide a reasonable balance of rental and ownership housing in El Cerrito and meet the variety of housing needs for all income groups in the City; and

C.

Protect the interest of condominium homeowners under the special conditions created by condominiums.

(Ord. 2008-2 Div. II (part), 2008.)

This chapter applies to the construction of all new condominium, stock cooperatives, community apartments, or any other subdivision of community owned multi-family housing in the City (collectively called "condominiums").

(Ord. 2008-2 Div. II (part), 2008.)

A.

Required Maps and Plans. All new condominium projects shall submit applicable parcel maps or tentative and final maps pursuant to Title 18, together with a filing fee in accordance with the current fee schedule established by the City. Exceptions may be permitted as provided in Title 18. The developer of a proposed condominium project shall submit two copies of the condominium development plan to the Planning Division, together with the required filing fee. The Department may require the submittal of additional copies of the plan as necessary to evaluate the project. The condominium development plan shall include:

Property Description. A complete legal description of the property, and a boundary map showing the existing topography of the site and the location of all existing easements, structures, other improvements, trees and shrubs;

Development Plans. Schematic development plans with dimensions, consisting of at least a site plan, parking plan, typical floor plan, building elevations showing natural and proposed grades, transverse and longitudinal sections showing natural and proposed grades, and a conceptual landscaping plan for the project;

Department of Real Estate Application. A copy of the project application submitted to the State of California's Department of Real Estate for a subdivision public report; and

Additional Information. Any other information the Planning Commission and/or Planning Director find necessary to evaluate the project.

B.

Covenants, Conditions and Restrictions (CC&Rs). A declaration of CC&Rs which would be applied on behalf of any and all owners of condominium units within the project. The declaration shall include, but not be limited to: the conveyance of units; 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 such maintenance; description of a provision for maintenance of all vehicular access areas within the project; an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit; a plan for equitable sharing of communal water metering.

C.

Review and Approval. All parcel maps or tentative and final maps required for new condominiums shall be reviewed and approved pursuant to the requirements of the Title 18 of the Municipal Code.

(Ord. 2008-2 Div. II (part), 2008.)

All condominium projects shall conform to the requirements of the City's building code and the zoning regulations of the zoning district in which the project is located. In addition, proposed condominium projects are subject to the following standards:

A.

Ground Fault Circuit Interrupters. Each bathroom in each living unit shall be provided with ground fault circuit interrupters in compliance with the Building Code.

B.

Fire Prevention. 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 Standards. The following standards shall apply to condominium projects to limit noise transmissions:

Shock Mounting of Mechanical Equipment. All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which are determined by the building official to be a source of structural vibration or structure-borne noise, shall be shock-mounted in inertia blocks or bases and/or vibration isolators in a manner approved by the building official.

Noise Resistance. Common walls and floors between dwelling units shall comply with the City's building code provisions governing noise resistance for newly constructed common walls and floors.

D.

Crime Prevention Standards. All condominium projects shall comply with the requirements of the Security Ordinance in Chapter 16.14 of the El Cerrito Municipal Code. The developer shall comply with all conditions of the city's police department in respect to building security. In addition, prior to the approval of the final map, all locks in the project shall be changed so that no master key or other keys previously used will allow entry into any unit of the project after conversion.

E.

Utility Metering. Each dwelling unit shall be separately metered for gas and electricity. A plan for equitable sharing of communal or individual water metering shall be developed prior to final map approval or parcel map

approval if no final map is required and included in the Covenants, Conditions and Restrictions. In such cases where the applicant can demonstrate that this standard cannot or should not reasonably be met, this standard may be waived by the Planning Commission.

F.

Provision of Private Open Space for Each Unit. Each unit within the project shall have an appurtenant private patio, deck, balcony, atrium or solarium in accordance with Section 19.06.030.R and Section 19.07.030.N of the Municipal Code. Such space shall be designed for the sole enjoyment of the unit owner, shall have at least two weatherproofed electrical convenience outlets and such space shall be at the same level as, and immediately accessible from a room within the unit. The planning commission may allow variations from the dimensional standards of Sections 19.06.030.R and 19.07.030.N if the commission makes a finding, based upon substantial evidence in the record, that the proposed private open space meets the stated purposes of this chapter.

G.

Provision of Common Open Space. Common usable open space shall be provided in accordance with Section 19.06.030.R or Section 19.07.030.N.

H.

Provision of Storage Space for Each Unit.

In addition to guest, linen, food pantry and clothes closets customarily provided, each unit within the project shall meet minimum FHA storage standards. All exterior storage spaces shall be weatherproof, lockable and meet fire department requirements. Such space shall be for the sole use of the unit owner.

Such space may be provided in any location approved by the Planning Commission, but shall not be divided into more than two locations within a reasonable distance of the unit.

If such space is located within a common area within the project, the association shall be responsible for the care and maintenance of the exterior surface of the space in order to assure that that surface is maintained in a manner compatible with the architectural treatment of the project.

Regardless of the location, the precise architectural treatment of such space shall be approved by the planning commission to ensure that such areas are safe, convenient and unobtrusive to the functional and aesthetic qualities of the project.

I.

Provision of Laundry Facilities. Laundry facilities shall be provided in each unit, or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or

fraction thereof. In such cases where the applicant can demonstrate that this standard cannot or should not be reasonably met, this standard may be modified by the Planning Commission.

J.

Condition of Paved Areas. Prior to close of escrow of conversion units, the developer shall make any repairs necessary to all paved surfaces to meet current city standards.

(Ord. 2008-2 Div. II (part), 2008.)

An application for a new condominium project shall not be approved unless the Department finds that the application sufficiently demonstrates all of the following:

A.

All provisions of this Chapter are met.

B.

The proposed project is consistent with the General Plan, and any applicable specific plans.

C.

The proposed project will conform to the El Cerrito Municipal Code in effect at the time of tentative or parcel map approval.

D.

The site is physically suitable for the type of development and the proposed density of the development.

E.

All parcels created have adequate and safe access from a public street for both vehicles and pedestrians.

F.

The proposed subdivision, together with the provisions for its design and improvement, are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, unless an EIR was prepared and a finding was made that specific economic, social, or other considerations make the mitigation measures or project alternatives infeasible, pursuant to Section 21081(a)(3) of the Public Resources Code.

(Ord. 2008-2 Div. II (part), 2008.)