Sec. 30-454. - Mixed use development standards. — Fontana Zoning Code

Sec. 30-454. - Mixed use development standards.

Table No. 30-454 Mixed Use Development Standards
Maximum Density	R-4	R-5
Maximum permitted number of dwelling units per adjusted gross acre	24.1-39.0	39.1-50.0
Maximum foor area ratio FAR	5.0	5.0
Lot Dimensions for New Lots, Lot Size, and Lot Coverage
Minimum width at front P/L	200-foot	200-foot
Minimum depth	300-foot	300-foot
Minimum lot size (sq. ft.) (a)	2 acres	2 acres
Maximum lot coverage (adjusted gross acreage of total site)	70%	70%
Multiple-Family Minimum Dwelling Size (Standard, Senior and Afordable)
Minimum dwelling unit in square feet	550 sq. ft.	550 sq. ft.
Building Height
Maximum height for mixed use building	55-foot	55-foot
Maximum height of ground foor for mixed use buildings with residential above	15-foot	15-foot
Maximum number of stories	4	6
Mixed Use (Vertical and Horizontal) Setbacks Onsite Building to Building
Building separation and setback	See Table 30-448, On-site Building Separation Requirements
Front, Building to Public Right-of-Way (street) Setbacks
Major or primary	0-foot	0-foot
Secondary or collector	0-foot	0-foot
Local	0-foot	0-foot
Private street or driveway	0-foot	0-foot
Corner Lot, Side Building Setbacks to P/L
Major or primary	10-foot	10-foot
Secondary or collector	10-foot	10-foot
Local	5-foot	5-foot
Corner Lot, Side Parking Setbacks to P/L
Major or primary	10-foot	15-foot
Secondary or collector	10-foot	15-foot
Local	10-foot	10-foot
Side (interior), Building Setback to Adjacent Zoning Districts
R-1	25-foot	25-foot
R-2 (Single-family use)	25-foot	25-foot

R-2 (Multi-family use)	15-foot	15-foot
R-3	15-foot	15-foot
R-4	0-foot	0-foot
R-5	0'	0'
R-PC, Single-family	75-foot	75-foot
R-PC, Specifc plan (b) (single-family/multi-family)	25-foot/ 15-foot	25-foot/ 15-foot
R-E	75-foot	75-foot
P-PF	30-foot	30-foot
C-2	0-foot	0-foot
All other zoning districts, (C-1, RMU, and OS)	20-foot	20-foot
Parking Area and Drive Aisle Setbacks to Adjacent Zoning Districts
All residential	5-foot	5-foot
All other	5-foot	5-foot
Accessory Structure Setbacks and Separation (in feet)
In all cases	See Section 30-449
Mixed Use Open Space Requirements
Open space, private ground/upper foor (sq. ft.), minimum	120/80	120/80
Open space, common, as a percentage of adjusted gross acreage of project area, minimum.	20%	20%
Open space, useable, (combined total of private and common open space), as a percentage of adjusted gross acreage of project area, minimum.	25%	25%

Notes:

(1)

For existing legal lots smaller than this minimum, see Section 30-414 (lot size conformance).

(2)

A limited amount of parking may be allowed provided that the visual presence of parked cars be minimal and entrances not interrupt pedestrian and retail continuity.

(3)

All primary ground-floor store front entries fronting Foothill Blvd., Orange Way, Cypress Avenue or Valencia Avenue shall be oriented to the street, not the interior of the development or parking lot. Buildings may be setback an additional eight feet to accommodate outdoor seating areas.

(4)

Where a new building is to be constructed on a corner lot or intersection, a wraparound building design with an angled corner shall be utilized in order to maximize and encourage pedestrian activity.

(5)

Setback may be increased to incorporate building design elements such as planter's outdoor seating areas, and street furniture to a maximum of ten feet.

(6)

Parking setback may be decrease to zero for subterranean parking structures.

(7)

Subtract ten feet for a single-story dwelling unit or a multi-story dwelling unit having a single-story element with a depth of at least ten feet.

(8)

Setback from underdeveloped property in the R-2 zone shall be determined at the R-1 single-family zones development standard of 25 feet.

Sec. 30-455. - Required number of parking spaces.

Table No. 30-455

Required Number of Parking Spaces

Table No. 30-455 Required Number of Parking Spaces
Use	Minimum Number of Spaces Required
Multiple-family R-4 and R-5 dwelling apartment, condominium or townhouses within ½ mile of transit
— Dwelling unit less than 550 square feet	1.25 spaces per unit to maximum of 1.5 spaces per unit
— Dwelling unit more than 550 square feet	1.75 spaces per unit to a maximum of 2.0 spaces per unit
— Guest parking
Multiple-family R-4 and R-5 dwelling apartment, condominium or townhouses
— Dwelling unit less than 550 square feet	Minimum 1.0 spaces per unit to maximum of 1.75 spaces per unit
— Dwelling unit from 550 to 700 square feet	Minimum 1.5 spaces per unit
— Dwelling unit from 700 to 900 square feet	Minimum 1.75 spaces per unit
— Dwelling units 900 to 1,200 square feet	Minimum 2 spaces per unit
— Guest parking	Minimum 0.25 spaces per unit
Multiple-family R-4 and R-5 dwelling apartment, condominium or townhouse component of a Mixed Use development project within ½ mile of transit
— Dwelling unit less than 550 square feet (a)	1 space per unit to a maximum of 1.25 spaces per unit
— Dwelling unit more than 550 square feet (a)	1.5 space per unit to a maximum of 1.75 spaces per unit
— Guest parking
Commercial/retail component of a Mixed-use development project containing multi-family residential units (R-4 or R-5)
— Retail sales	Table 30-598.
Commercial/retail component of a Mixed-use development project containing multi-family residential units (R-4 or R-5) within ¼ mile of mass transit
— Retail sales (a)	Table 30-598.

Note:

(1)

Parking standards may be furthered reduced upon the approval of a parking demand study.

a.

Exceeding allowable parking requirements. A project site may exceed the maximum allowable parking requirements in compliance with the following conditions.

b.

Shared parking. A site may exceed the maximum allowable number of parking spaces if the parking is approved to serve as shared parking in compliance with an adjacent/contiguous commercial mixed-use or multi-family project proposing 25 to 39 du/ac (R-4) or 40 to 50 du/ac (R-5).

c.

Joint parking. A site may exceed the maximum allowed number of parking spaces if the parking is approved to serve as joint parking.

1.

Joint parking is a type of parking that is designed to serve uses on at least two different sites.

2.

The joint parking provided shall not exceed the maximum required parking for the combined total parking requirements of the different individual sites.

Parking location. The mixed-use project may have parking located below grade/subterranean, at grade level behind the ground floor commercial/residential uses and or on the corner side street frontage.

e.

All other off-street parking and loading requirements not specifically identified above shall be as provided for in Article XI.

Sec. 30-456. - Design guidelines for high density residential and mixed-use projects (for R-4 and R-5 zones).

The residential and mixed-use guidelines provide specific and broad recommendations to create high quality buildings and site plans that will result in attractive, livable, and pedestrian-friendly mixed-use project areas within the high density residential (R-4 and R-5) zoning districts. The aim is to be prescriptive enough to create a framework for design, but flexible enough to allow for creativity and innovation in design and planning.

(1)

Location of commercial and residential uses.

a.

Locate active commercial uses on the ground floor adjacent to the sidewalk, including retail, restaurant, and personal service uses. This ensures that the ground floor commercial uses create an active pedestrian realm that is an engaging and well-populated environment with a variety of uses and activities.

b.

Provide continuous storefront windows, open air store frontages, and frequent, highly visible entrances for ground floor commercial uses adjacent to the street and sidewalk.

c.

Locate buildings at or near the property line. Ground floor street frontage space is to be predominantly for active, pedestrian-oriented uses.

d.

The residential component of mixed-use development adjacent to residential property shall be located to be functionally a part of the residential area. For example, primary access to the residential units shall be from the residential street, and residential units shall have view access to the adjacent residential neighborhood.

e.

Locate and orient buildings to respect the need for privacy, light, and air of surrounding structures, especially adjoining lower density residential development.

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(2)

Building height and form.

a.

Incorporate crime prevention through environmental design (CPTED) concepts into the project design in order to create a safe built environment.

b.

Ensure that the scale of buildings is compatible and that taller buildings are not located so as to overwhelm smaller scale buildings or block access to light and sun.

c.

Locate the taller portions of residential projects away from adjoining residential properties, in order to provide height transitions between taller and lower buildings, and to maximize light, air, and privacy for units.

For projects adjacent to lower density residential zones, reduce the visual and shadow impact of upper stories by using one or more of the following design strategies:

1.

Locate upper floors in the center of the property at least 30 feet away from adjacent properties.

2.

Step back the top one or two stories from the stories below.

3.

Tuck the top story inside a pitched roof.

4.

Use pitched roofs with dormer windows for top story rooms.

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e.

These guidelines ensure that continuous buildings with attached or stacked units on deep narrow lots do not end up being overly long and bulky, creating an incompatible institutional character within residential neighborhoods.

f.

Design residential projects to avoid large box-like forms with continuous unrelieved surfaces.

g.

Include articulation in the project, such that the bulk as seen from existing neighbors is reduced.

h.

Minimize the bulk of the buildings by limiting building length, or designing buildings with two or more of the following special features to break up building bulk, including:

1.

Horizontal and vertical setbacks and stepbacks (instead of a long flat wall);

2.

Changes in roof form and height;

3.

Major full-height recesses (typically at least ten feet deep) along the length of the building that successfully break the building into smaller discrete masses.

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i.

Ground level parking podiums and lobbies can be continuous without a break if the above guidelines are met.

Provide visual orientation from the major commercial arterials through graduated heights and/or varied setbacks or architectural elements such as towers to mark entries or corners to reduce the scale of larger buildings and to provide visual orientation from the major commercial arterials.

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(3)

Building relationship to the street.

Locate active uses on the ground floor, and provide continuous storefront windows and frequent, highly-visible entries.

b.

Locate buildings close to the sidewalk to enclose the public realm of the street and sidewalk, and locate shops and restaurants next to the pedestrian sidewalk. Wider setbacks are appropriate to allow for the following:

1.

Outdoor seating and display;

Building entrances and facade articulation;

Outdoor cafes;

Plazas or other high activity public areas.

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c.

Design setback areas to be used for public entry, gathering and outdoor commercial activity. Design them predominantly with hardscape, and provide shade and places to sit. They also may be appropriate places to locate pedestrian conveniences such as public telephones, trash receptacles, bicycle racks and newspaper dispensers.

d.

Minimize the visibility of parking from the street and sidewalk, especially at corners. Locate parking to the side or rear of buildings, or underground.

e.

Emphasize building entrances with special architectural and landscape treatments.

Locate all customer entries and entryways to be directly visible from the public sidewalk, and accessible from public and private walkways. Corner buildings are encouraged to have corner entries.

g.

Provide a pedestrian walkway from the public sidewalk to the entry frontage of buildings set back from the street edge.

h.

Design public street facing residential facades with individual entries, such as steps, porches, entrance stoops and paths from living units to the street help to break down the scale of multi-unit buildings.

i.

Provide attractive rear and side access to businesses where there is parking at the rear or side of the site, but in all cases, there must be a principal entry that is strong and visible from the public sidewalk.

(4)

Building design.

a.

Design projects with a consistent design integrity, exhibited by all building components including, but not limited to, building mass and articulation, roof forms, windows (proportion and design), building materials, facade details (doors and entrances), fencing, and landscaping.

b.

Design commercial building facades fronting on sidewalks to consist of storefronts that include clear glass display windows and entry doors that provide visibility into the ground floor lease space.

1.

In some circumstances, such as when building security would be placed at risk or when a side or rear wall of a building is adjacent to or near the street, shallow display windows, containing merchandise or artworks, are encouraged.

2.

Ground floor office uses are discouraged; however, where present, must be designed and maintained as storefront spaces.

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c.

Organize facade areas to provide:

1.

Horizontal emphasis through recesses, ornamentation and other types of decorative detail;

2.

Pedestrian orientation through overhangs, eaves, awnings, display windows and architectural ornamentation; and,

Harmonious composition through use of complementary combinations of materials and colors.

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d.

Include architectural elements providing shade and weather protection for pedestrians, such as overhangs and arcades.

e.

Use building materials that convey a sense of durability and permanence. Use high quality materials that will last for the life of the building. Install materials so that building facades do not stain or deteriorate quickly.

f.

Use the highest quality and most durable materials at the ground floor of buildings, because those can be most impacted by landscaping, people, and automobiles. Ground floor exterior materials must be tile, stone, brick, glass, concrete, and other highly durable materials.

g.

Use exterior siding materials such as stucco, wood siding, masonry, tile, wood shingles, metal panels, and glass panels. Do not use scored plywood, aluminum siding, or shake or wood shingles.

h.

Use a complementary palette of materials on all four sides of buildings. Use building materials of similar durability and quality throughout the project.

i.

Locate material changes at interior corners as a return at least six feet from the external corners or other logical terminations and not at external corners.

j.

Use secondary materials (such as ceramic tile, terra cotta, or wood millwork) applied to the primary finish material that are complementary to the primary material and compatible with the overall building design. Do not use false stone, plastic, aluminum, or plywood.

k.

Finish any blank building walls adjacent to and visible from residential properties with quality materials and maintain them free of any signs or graffiti.

l.

Where they are visible from the street or adjacent to pedestrian walkways, design the blank sides and backs of buildings to provide visual interest by making use of such elements as recesses, bays, covered walkways, or shallow display windows. Highly textured materials that provide contrasts of shade and light or murals are other appropriate design solutions for otherwise blank walls that are visible to adjacent uses.

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Select a coordinated palette of complimentary colors, rather than a patchwork of competing colors.

Use bright colors only as accent colors.

Do not use fluorescent or neon colors.

p.

Integral color exterior building materials are preferred, whenever possible, for new buildings or for exterior remodellings, and such materials should not be painted, with the exception of integral color stucco or comparable materials, which may require long term repaintings. Wood siding is a traditional exterior building material, which does require painting for weather protection, as do certain other materials over time.

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q.

Use predominant building colors that are generally light in tone (this does not restrict the color palette to any one color range, such as earth tones). Avoid corporate colors not consistent with these guidelines on color. Darker colors may be used for trim.

r.

Use muted colors for large areas such as building walls.

s.

Wood siding and trim may be left natural and stained to be light in tone.

Use a consistent color scheme for a building's entire facade and all visible sides.

u.

Wherever possible, limit the number of colors appearing on the building exterior to no more than three colors or tones of the same color, including trim and accent colors.

v.

Use architectural detailing, including the use of color, that complements and embellishes principal design features, materials and colors of a building facade

w.

Design window recesses, window trim, doorways, columns, overhangs and other architectural elements to be substantial in depth, in order to create shadow and architectural relief. Incorporate at least three and typically four of the following features that provide articulation and design interest, on all sides of buildings:

1.

Decorative trim elements that add detail and articulation, such as window and door surrounds with at least a two-inch depth; or deeply recessed windows (more than two inches). They must be designed as an integral part of the design, and not appear "tacked-on;"

2.

Pitched/variegated roof forms;

3.

Roof overhangs at least 18 inches deep;

4.

Variety in use of materials, especially at ground level stories, for detailing at building entrances or other special parts of the building;

5.

Building base (typically bottom three feet) that is faced with a stone or brick material, or is delineated with a channel or projection; and/or

Railings with a design pattern in wood, metal, or stone.

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Incorporate variable roof forms into the building designs, to the extent necessary to avoid a boxy appearance of buildings. This may be accomplished by changes in roof height, offsets, change in direction of roof slope, dormers, parapets, etc.

y.

Design roof forms such that no more than two side-by-side units are covered by one unarticulated roof. Articulation may be accomplished by changing roof height, offsets, and direction of slope, and by introducing elements such as dormers, towers, or parapets. Other alternative design approaches that achieve the same goal of breaking down building masses into small individual units may also be acceptable, for example shifting the units in section and varying the design treatment for individual units.

z.

Design roof elements to have a functional integrity that is part of the overall building design. Do not use false roof forms, such as those used for purely decorative or advertising purposes. Do not use mansard roofs on any building with a height less than four stories.

aa.

Call visual attention to corners and entries using architectural features such as tower elements.

bb.

Incorporate projections and recesses throughout the facade design to add architectural interest and a visual play of light and shadow. Examples include: bay windows, chimneys, front porches, balconies, overhangs, brackets, and cornices.

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cc.

Incorporate building projections that enhance the design and articulation of the building. These may project into required front, side, and rear setback up to the limits allowed in the development standards.

dd.

Design window patterns and proportions to enhance all facades of the building and add architectural interest. Differentiate window designs (size, proportion) to reflect the different components of residential units, for example entrances, living areas, stairways, and bedrooms, while ensuring harmony within that variety.

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ee.

Design the locations and proportions of all window openings with consideration for the overall composition of the building facade.

ff.

Design remodels and additions to conserve the design integrity and character of the existing building.

gg.

Do not close, move or enlarge exterior openings for doors and windows without consideration for the overall composition of the building, including all other remaining exterior openings.

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hh.

Design additions to existing buildings with consideration for the overall form of the resulting building or complex buildings; additions must not mix styles or introduce incongruous design motifs to an existing building or building complex.

ii.

Do not remove or cover high quality original finish materials and ornamentation integral to the design integrity of the building with new incompatible materials.

jj.

Use materials to fill openings or to repair damage to the existing building that match existing exterior materials.

kk.

Design new windows and doors to match existing window, door and hardware materials, except when the existing materials are of low quality, in which case they all shall be replaced with wood or high-quality metal materials.

ll.

Design elements added to the exterior of buildings, including windows and doors, security hardware, fire escapes, utility boxes, and screens of any kind, to be compatible with the existing design detail and composition of the building facade.

(5)

Building setbacks for light, air, and privacy.

a.

Provide adequate light, air, and privacy for residential units in the project, as well as for residential units on adjoining properties.

Provide distance between buildings on the same project site that is adequate to ensure light, air and privacy for adjacent residential units and to minimize shadows on open space.

c.

Use design strategies to protect privacy, such as: offsetting windows of adjacent units; locating minor windows above eye level, and using opaque glass for minor windows.

(6)

Auto circulation: Site access and driveways.

a.

Minimize the number of entrances and exits to parking areas, in order to minimize conflicts with pedestrians, reduce congestion at street intersections, and preserve existing on-street parking.

b.

Locate entries and exits to allow direct, through movement among individual parking areas where possible.

c.

Provide access to rear parking areas predominantly from side and rear streets.

d.

Minimize the number of entrances and exits to parking areas in order to minimize conflicts with pedestrians and reduce congestion at street intersections.

Share parking areas and/or parking entrances/exits between adjacent properties to the maximum extent feasible. Place covenants on deeds to ensure continued shared use.

f.

Design vehicular circulation to allow through movement between adjacent parking areas.

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(7)

Parking location and design.

a.

Locate parking to the rear or side of buildings, underneath buildings, or underground and avoid land intensive surface parking lots. Recommended parking locations include the following:

1.

Interior side parking

Rear parking

3.

Partial below grade parking

4.

Below grade parking

Disperse contiguously paved areas throughout the project in smaller segmented parking areas rather than creating land intensive surface parking lots.

c.

Do not locate parking between buildings and the street.

• Parking areas between the building edge and the sidewalk are not allowed. Buildings may be located behind other buildings that are located at the street edge, with on-site parking provided between the two sets of buildings.

d.

Locate garage entrances and driveways to the side of the property instead of at the center.

Screen parking areas from view from the pedestrian sidewalk.

(8)

Facilities, pedestrian circulation, bicycles, and transit.

a.

Provide new or repaired improvements in the public right-of-way along the lot frontage, including sidewalks, street trees, curbs, and gutters as per the City of Fontana's Municipal Code.

b.

Provide street trees along the street frontage that enhance the visual appearance of the street and provide shade for pedestrians, but do not block the visibility of commercial signs.

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c.

Locate buildings to be contiguous wherever possible, and make accommodations for pedestrian circulation between adjacent businesses and sites.

d.

Where new parking areas are to be located adjacent to existing parking areas on an adjoining site or sites, provide pedestrian walkways that connect the two areas.

e.

Provide sidewalks within residential projects, connecting from the street or driveway to unit entrances.

f.

Provide pedestrian walkways with landscape amenities from within parking areas to permit and encourage direct access to shop entries, and to other pedestrian oriented uses and destinations.

g.

Incorporate decorative pervious paving into paved and landscaped areas in order to enhance the appearance of the project, reduce the visual impact of paved surfaces and act as a traffic calming measure. Decorative paving includes: brick, patterned colored concrete (stamped, not just scored), stone blocks or pavers, interlocking colored pavers, grasscrete, and other comparable materials.

h.

Locate decorative paving in the following priority locations:

1.

The first 20 feet of the driveway closest to the street(s);

Parking areas;

3.

Parking areas or fire turnarounds that can also occasionally function as outdoor courtyards.

i.

Provide short-term bike parking in parking areas and other locations near commercial-type uses entrances.

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j.

If the provision of a transit shelter is required, provide transit shelter that enhances the streetscape and that offers adequate seating and shade.

(9)

Site landscaping.

a.

Incorporate landscaping in order to create an attractive visual outlook for residential units, create usable open space, maximize stormwater infiltration, and provide privacy for adjacent residential units.

b.

Design site landscape treatments to be attractive, with consistent design integrity throughout the project.

c.

Provide site landscaping in the following priority areas:

1.

In areas that are visible from the primary living areas of residential units

2.

Within common open space areas

3.

Along the edge of driveways

4.

Along the property perimeter

5.

Between buildings and driveways

6.

Between buildings and parking

Between commercial-type uses and residential uses in mixed-use projects

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d.

Landscape parking lots, driveways, and other auto circulation areas in order to improve the visual appearance of circulation and parking areas from residential units, from the common areas of the project, and from adjacent properties.

e.

Incorporate trees, landscape islands, shrubs, and groundcover throughout parking areas, consistent with required standards.

f.

Shade paved surfaces to the maximum extent possible in order to reduce heat gain and other environmental effects.

g.

Design landscaped areas to serve as stormwater management areas as well as visual amenities.

h.

Integrate stormwater management facilities into the site landscaping. Innovative stormwater management practices are encouraged.

Provide landscaping to comply with the City's Landscaping and Water Conservation Ordinance. More specifically, wherever possible, incorporate a drought tolerant plant palette.

j.

Select landscaping materials that meet the following criteria:

Drought tolerant plants

Low-water use plants

3.

Sturdy enough to withstand close contact with pedestrians and vehicles

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Landscape areas requiring higher water usage for maintenance shall be restricted to small courtyards and other kinds of intensively used areas.

l.

Use fast growing, long lived species that will achieve the desired size and form at maturity without extensive pruning or training once they have been established.

Use accent landscaping and special landscape elements, such as feature planting, including freestanding columns or trellises with vines for vertical accent, to give visual expression to site circulation, especially at entrances and exits.

(10)

Usable open space.

a.

Design common open space as a space where people can interact, host guests, and enjoy some time in the open air.

b.

Design private open space for the exclusive use of household members to eat outside, garden, enjoy the open air, and grill outdoors.

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c.

Provide usable open space that may have a dual function for stormwater treatment and incorporates strategies such as grassy swales, vegetated swales, flow through planters, rain gardens, etc.

d.

Design common open space(s) to be a shared open space for use by all residents.

e.

Locate common open space(s) in a central location that serves all the units, not at the edge of the property. Common open space can be on the ground, or in courtyards above the ground level.

Include seating areas and other passive recreation facilities.

g.

Include landscaping with trees, shrubs, and groundcover. If the space is not located on the ground, include extensive pots and planter boxes that accommodate trees, shrubs, and groundcover.

Include children's play areas in the common open spaces.

Design private open space to be used exclusively by a single unit.

Locate private open space in patios, balconies, decks, or other outdoor spaces attached to individual units.

Dimension private open space so there is room for a table and chairs where residents can sit outside.

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(11)

Fences and walls.

Design fences and walls to be an attractive part of the project, with materials and designs that are compatible with the exterior building materials and demonstrate design integrity with the project as a whole.

b.

Locate fences or walls on the property to define private open space and common open space areas, protect privacy, and buffer residents from noise sources.

c.

Use masonry materials for sound reduction purposes.

d.

Build fences and walls using masonry materials that include a top or cap.

Wood fencing, chain link, or chain link with slats is prohibited.

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(12)

Services.

a.

Locate ancillary facilities within buildings, not along the street facing facade, to the maximum extent feasible. Where ancillary facilities such as trash receptacles and utility meters absolutely cannot be incorporated into a building, locate them at the rear of the site in freestanding, completely enclosed structures designed to be compatible with the architecture of the rest of the development.

b.

Design streets and driveways to accommodate vehicles commonly used for loading and unloading.

c.

Minimize the visibility of loading areas in mixed use residential complexes, and screen them with screen walls, landscaping, and other devices.

Provide on-site facilities for trash storage and for recyclable materials.

Provide trash areas within buildings, or centralized garbage dumpsters inside trash enclosures.

f.

Build covered trash enclosures with durable materials such as stone, concrete block, steel, and heavy timber.

g.

Locate electrical panels to minimize their visibility from the street, in locations such as side walls, and/or behind landscaped areas. Integrate them into the design of residential buildings to the maximum extent feasible.

h.

Minimize the visibility of utilities connections from the public street.

Sec. 30-457. - Conversion of multiple-family residential units.

(a)

Purpose. The purpose of this section shall be to establish criteria for regulation of the conversion of existing multiple residential rental units and divisions of land that accommodate any conversion of rental units to ownership units. The intent of this section with respect to conversion projects shall be to:

(1)

Increase the opportunity for qualifying low- and moderate-income households, especially those of conversion project residents to acquire and reside in ownership housing.

(2)

Assist the City to meet its stated commitment to low- and moderate-income housing goals as set forth in the housing assistance plan and the housing element of the general plan.

(3)

Reduce the impact of conversion on residents in rental housing who may be required to relocate.

(4)

Ensure that purchasers of converted housing have been properly informed as to the conditions of the unit purchase.

(5)

Ensure that converted housing achieves high quality appearance and safety and is consistent with the goals and objectives of the general plan and applicable building codes.

(b)

Exception to conversion. The project creating a condominium or stock cooperative and involving only one existing dwelling unit shall not be considered a conversion. For the purposes of this exclusion, the number of existing dwelling unit(s) shall be determined on the date of application for the permit, if the project calls for destruction of the structures housing the dwelling unit(s), those units shall not be counted as existing unit(s).

(c)

Minimum conditions and requirements. The following conditions and requirements must exist at the date of application for conversion of real units to condominium, stock cooperative or community apartment ownership units. All buildings must be in compliance with:

(1)

The minimum standards of the most recently adopted uniform codes of the State of California as adopted by the City.

(2)

The general plan of the City or be legally nonconforming to the general plan.

(3)

The zoning ordinance or be legally nonconforming.

(4)

The subdivision ordinance of the City and the Subdivision Map Act of the State of California.

(d)

Development standards. The following minimum standards shall apply to all conversion projects:

(1)

Unit size. The enclosed living or habitable area shall not be less than that which was applicable under the ordinance the project was developed under. On recommendation of the Planning Commission, the Commission or City Council may determine at the time of approval that the project amenities compensate for the minimum required enclosed area and thereby reduce the required minimum unit size. Compensating amenities may include but are not limited to the following:

a.

Private enclosed space.

b.

Enclosed developed facilities within the common area.

c.

Compatibility of the density of the total project in relation to the project's amenities and surrounding neighborhood.

(2)

Utility metering.

a.

The consumption of gas and electricity within each unit shall be separately metered so that the unit owner can be separately billed for each utility. A water shut-off valve shall be provided for each unit and for each plumbing fixture. Each unit shall have access to its own meter(s) and heater(s) and air conditioning units that shall not require entry through another unit. This requirement shall not be construed to restrict use of solar space or water heaters.

b.

Each unit shall have its own panel for all electrical circuits that serve the unit or shall have access to such a panel.

(3)

Condition of equipment and appliances.

a.

The applicant shall provide written certification to the buyer of each unit on the initial sale after conversion that any dishwasher, garbage disposal, stove, refrigerator, hot water tank and air conditioner are new and in working condition as of the close of escrow.

b.

At such time as the cooperative or homeowner's association of the maintenance organization takes over management of the development, the applicant shall provide written certification to the association that any pool and pool equipment and any appliances and mechanical equipment to be owned in common by the association are in working condition.

c.

The applicant shall establish a replacement reserve fund equal to ten percent of the estimated replacement value of all association owned appurtenant equipment and appliances. Such estimated replacement value shall be included in the physical elements report and be utilized as the basis for computing the replacement reserve fund. At the time of activation of the association, the replacement reserve established shall be given by applicant to the association. Written receipt of this action shall be submitted by association or applicant.

(4)

Underground utilities. Overhead utility distribution lines within the boundaries of the project shall be fully converted to underground.

(5)

Refurbishing and restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, refuse storage areas, irrigation systems, storm drainage facilities, appurtenances and related items as required by the Community Development Department and the City Building Official shall be modified, replaced or refurbished and restored as necessary to achieve high quality appearance and to protect the health, safety and public welfare of future site occupants and adjacent properties. Normal building permit requirements and procedures shall be required where applicable. Improvement elements may include but not be limited to:

a.

Repainting.

b.

Re-plastering, stuccoing, or additional architectural treatment.

Replacement of landscaping, walls, fences or accessory structures.

d.

Replacement or resurfacing of driveways and parking areas.

e.

Drainage plan.

f.

Addition of improvements to meet minimum conditions and standards, including, but not limited to, replacement of fixtures and appliances.

g.

Others as deemed necessary by the Community Development Department, the Building Official, Planning Commission, or City Council.

(6)

Physical elements useful life. Any physical element identified in the physical elements report described herein having a useful life of less than three years, as determined by the Building Official shall be replaced, except for equipment and appliances that are covered in this title.

(e)

Application procedures. An application for a cooperative, condominium or community apartment conversion project must include the following to be accepted for processing.

(1)

Applicant shall be required to submit a design review application and tentative tract map as set forth in Article III.

(2)

A physical elements report that shall include but not be limited to:

a.

A report prepared, at applicant's expense, by the Building Official or his designee, detailing the condition and estimating the remaining useful life of each element of the project proposed for conversion; roofs; foundations; exterior paint; paved surfaces; mechanical systems; electrical systems; plumbing systems; including sewage systems, swimming pools, sprinkler systems for landscaping; utility delivery systems; central or community heating and air conditioning systems; fire protection systems, including automatic sprinkler systems; alarm systems, or stand pipe systems; and structural elements.

b.

A replacement cost estimate shall be provided for an element whose useful life is less than five years. Estimate for equipment, structures and appurtenances to be deeded to the association as defined herein shall be required.

c.

A structural pest control report prepared specifically for the conversion application. Such report shall be prepared by a licensed structural pest control operator.

d.

A building history report including: the date of construction of all existing physical elements of the project; a statement of the major uses of the project since construction; the date and description of each major repair or renovation of any structure or structural element since the date of construction for which an expenditure of more than $1,000.00 was made or for which a building permit was issued; a statement regarding current title holders and lien holders of all land and improvement.

e.

A copy of the proposed covenants, conditions, and restrictions that would be applied on behalf of any and all owners of condominium units within the project shall be submitted to the staff. With regard to stock cooperatives, this submission shall consist of a summary of proposed management, occupancy and maintenance policies.

f.

Specific information concerning the characteristics of the project including, but not limited to, the following:

Square footage and number of rooms in each unit.

2.

Rental rate history for each type of unit for previous two years.

3.

Monthly vacancy rate for each month during preceding two years.

4.

Survey of makeup of existing tenant households, including family size, length of residence, age of tenants and whether receiving federal or state rent subsidies, welfare or other public assistance payments.

5.

Proposed sale price of unit.

6.

Proposed initial homeowner's association fee, financing available.

7.

Names and addresses of all current tenants. When the applicant can demonstrate that such information is not available, these requirements may be modified by the Community Development Department.

(3)

The applicant shall submit evidence that certified letter of notification of intent to convert was sent to each tenant. Such certified letter shall be sent to each tenant within ten days following the acceptance of a project for processing.

(4)

The application shall certify in writing that he has not engaged in coercive or retaliatory action regarding the tenants after the submittal the first application for City review through the date of approval. In making this finding, consideration shall be given to:

a.

Rent increases at a rate greater than the rate of increase in the Consumer Price Index (all items), unless provided for in leases or contracts in existence prior to the submittal of the first application for City review; or

b.

Any other action by applicant that is taken against tenants to coerce them to refrain from opposing the project. An agreement with tenants that provides for benefits to the tenants after the approval shall not be considered a coercive or retaliatory action.

c.

Any other information that, in the opinion of the Community Development Department, Building Official or City Engineer, will assist in determining whether the proposed project will be consistent with the purposes of this section.

(f)

Required findings. The Planning Commission's approval of an application for conversion requires that:

(1)

All provisions of the purpose and intent of this chapter are individually and affirmatively addressed, and a determination is made that the project will not be detrimental to the health, safety and general welfare of the community.

(2)

Vacancies in the project have not been increased for the purpose of preparing the project for conversion. In evaluation of the current vacancy level under this subsection, the increase in rental rates for each unit over the preceding two years and the average monthly vacancy rate for the project over the proceeding one year shall be considered.

(g)

Planning commission recommendation. The recommendation of the Planning Commission shall be transmitted to the City Council within 90 days of the date of the public hearing closure. The City Council shall set the matter for public hearing with required public notice. The decision of the City Council upon completion of the public hearing and deliberation is final.

(h)

Tenant provisions.

(1)

Preliminary notice of intent. A preliminary notice of intent to convert shall be sent by certified mail, return receipt requested, to each tenant within 60 days after acceptance of the application for processing. The notice of intent shall include:

a.

Name and address of current owner.

b.

Name and address of applicant/sub-divider.

c.

Schedule of hearing dates before Planning Commission.

d.

Other data as required by the Community Development Department.

(2)

Official notice of intent. An official notice of intent to convert shall be delivered to each tenant's dwelling unit within 30 days after approval by the City Council of the tentative tract map. Evidence of delivery shall be submitted to the Community Development Department prior to consideration of the application by the planning coordinating committee. The form of the notice shall be as provided by the Community Development Department and shall contain not less than the following:

a.

Name and address of current owner.

b.

Name and address of proposed sub-divider.

c.

Approximate date on which the tentative map will be or was approved.

Approximate date on which the final map is to be filed.

e.

Approximate date on which the unit is to be vacated by non-purchasing tenants.

Tenant's right to purchase.

g.

Tenant's right of notification to vacate.

h.

Tenant's right of termination of lease.

i.

Statement of limitations on rent increase.

Provision for special cases.

Provision of moving expenses.

Provision of relocation assistance.

m.

Other information as may be deemed necessary by the Community Development Department.

(3)

Tenant's right to purchase. As provided in Government Code § 66427.1(d) any present tenant or tenants of any unit shall be given a nontransferable right of first refusal to purchase the unit occupied a minimum of 90 days from the date of issuance of the subdivision public report, or commencement of sales, whichever date is later.

(4)

Vacation of units. Each non-purchasing tenant, not in default under the obligations of the rental agreement or lease under which he occupies his unit, shall have not less than 180 days from the date of receipt of notification from the applicant of his intent to covert or from the filing date of the final subdivision map, whichever date is later, to find substitute housing and to relocate with assistance from the applicant. All rental deposits paid by the renter shall be returned.

(5)

Increase in rents. From the date of approval of the tentative subdivision map until the date of conversion, no tenant's rent shall be increased more frequently than once every six months and at a rate grater than the rate of increase in the Consumer Price Index, on an annualized basis, for the same period. This limitation shall not apply if rent increases are provided for in leases or contracts in existence prior to the filing date of the tentative map.

(6)

Relocation services and moving expenses required. The applicant shall provide relocation counseling and financial assistance at a rate which shall be set forth in a resolution of the City Council for those tenants who have lived in the apartment complex for a period of ten years.

(7)

Procedure to ensure relocation assistance. A bond, surety or cash deposit in the amount of the relocation assistance for all units in the development as approved by the City Attorney shall be provided to the City by the developer to ensure that the provisions for tenant assistance are complied with. Said bond, surety, or cash deposit shall be returned to the developer upon written verification that all tenants have received the appropriate amount of financial assistance, as determined by the City Building Official. The bond, surety or cash deposit shall be provided to the City prior to release of the final tract map.

(8)

Final map approval. Each tenant shall be sent a written notice within ten days of approval of a final map.

(i)

Notice to new tenants. After submittal of the application to convert, any prospective new tenants shall be notified in writing of the intent to convert prior to leasing or renting any unit and shall not be subject to the provisions of this section.