§ 22.88

This Chapter provides procedures for the creation of condominium subdivisions and the conversion of existing development to condominium, consistent with the policies of the Marin Countywide Plan and the requirements of the Map Act.

(Ord. No. 3577, 2012)

When a residential structure is proposed at the time of construction as a condominium or other common interest development (including a community apartment project, planned development or stock cooperative, as provided by California Civil Code Section 1351), a Tentative Map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner in compliance with Chapter 22.84 (Tentative Maps). Chapter 22.86 (Parcel Maps and Final Maps) determines whether a Parcel or Final Map shall also be filed.

(Ord. No. 3577, 2012)

A condominium conversion is the conversion of real property to a common interest development as defined by Section 1351 of the California Civil Code. A conversion shall require the approval of a Tentative Map, and Parcel or Final Map, except where a Parcel Map, or Tentative and Final Map are waived in compliance

with Map Act Sections 66428.b or 66428.1. If a Parcel Map is waived, a Tentative Map shall still be required.

A Tentative Map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner in compliance with Chapter 22.84 (Tentative Maps), with the following exceptions:

A.

Application contents. Condominium conversion applications shall include the same information and materials as Tentative Map applications, and the additional information and other materials prepared as required by the Condominium Conversion Application Contents instruction list, provided by the Agency.

B.

Staff report. The staff report on the Tentative Map for the condominium conversion (Section 22.40.070 (Staff Report and Recommendations for Discretionary Permits)) shall be provided to the subdivider and each tenant of the subject property at least three days before any hearing or action on the Tentative Map by the review authority.

C.

Public notice. The following notice shall be provided in addition to that required by Chapter 22.118 (Notices, Public Hearings, and Administrative Actions):

1.

Tenant notice. The subdivider shall give notice to all existing or prospective tenants in compliance with Map Act Sections 66452.8 and 66452.9, and shall provide the Agency satisfactory proof that notice was given; and

2.

Public hearing notice. Notice of the public hearing(s) on the Tentative Map shall be provided to all tenants of the subject property, as required by Map Act Section 66451.3.

D.

Approval of conversion, required findings:

1.

Time limit, stock cooperatives. The approval or denial of the conversion of an existing building to a stock cooperative shall occur within 120 days of the application being found complete in compliance with Section 22.40.050 (Initial Application Review). The 120-day time limit may be extended by mutual consent of the subdivider and the County.

2.

Conversion findings, residential projects. Approval of a Tentative or Final Map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project or stock cooperative shall not be granted unless the findings set forth in Map Act Section 66427.1 are first made, and unless the review authority also finds that the proposed conversion will not:

a.

Reduce the countywide rental vacancy rate below five percent based on the most recent American Communities Survey data for Marin County; and

b.

Reduce the ratio of multi-family rental units to less than 25% of the total number of dwelling units in the County, with no replacement rental housing being provided.

In addition to the findings required for approval of a Tentative Map as set forth in this Title, the following findings shall be required for the approval of a Tentative Map for the conversion of residential property:

c.

The review authority shall determine whether the proposed conversion is consistent with the following adopted housing goals:

(1)

To encourage continuation of social and economic diversity in Marin County communities through a variety of housing types;

(2)

To expand the supply of decent housing for low and moderate income families;

(3)

To achieve greater economic balance for Marin by increasing the number of jobs and the supply of housing for people who will hold them.

d.

The review authority may establish reasonable requirements to insure that a percentage of the converted units will be reserved for persons of moderate income. The percentage shall conform to that normally required in new developments.

e.

The review authority shall determine whether the staff report, if any, for a proposed Tentative Map for a condominium conversion has been served on each tenant of the subject property at least three days prior to any hearing or action on such map by the Commission or Director.

f.

The review authority shall deny the Tentative Map upon finding that:

(1)

The proposed conversion would reduce the countywide rental vacancy rate below five percent based on the most recent U.S. government postal vacancy survey or county local survey; or

(2)

The proposed conversion would reduce the ratio of multiple-family units to less than 25 percent of the total number of dwelling units in the county, with no replacement rental housing being provided.

E.

Completion of conversion. The filing, approval and recordation of a Parcel Map or Final Map in compliance with Chapter 22.86 (Parcel Maps and Final Maps) shall be required to complete the subdivision process, except where a Parcel Map, or Tentative and Final Map are waived for the conversion of a mobile home park in compliance with Map Act Section 66428.b.

(Ord. No. 3577, 2012; Ord. No. 3706, 2019)

Chapter 22.90 - LOT LINE ADJUSTMENTS