Moraga Municipal Code Art. 2 Requirements and Procedures

The conversion of existing multiple-family rental housing to condominiums, community apartments, stock cooperatives and any other subdivision which is a conversion of existing rental housing is subject to the additional requirements provided in this chapter.

(Prior code § 8-4411)

A report on the physical elements of each structure and facility shall be submitted with the tentative subdivision or parcel map. The report shall include, but is not limited to, the following:

A. A report detailing the condition of each element of the property including foundations, roofs, electrical, plumbing, utilities, walls, ceilings, heat insulation factor, windows, recreational facilities, sound transmission characteristics between units, mechanical equipment, parking facilities and appliances.

Regarding each such element, the report shall state, to the best knowledge or estimate of the applicant, when the element was built; the condition of each element, when the element was replaced, the cost of replacing the element and any variation of the physical condition of the element from the current zoning and from the Housing Code and Building Code in effect on the date that the last building permit was issued for the subject structure. The report shall identify each defective or unsafe element and set forth the proposed corrective measures to be employed;

B. A report from a licensed structural pest control operator describing the general condition of the entire project to be submitted with tentative map application and a pest infestation and dry rot report on each unit within sixty (60) days of close of escrow for sale of the unit;

C. A structural engineer's evaluation of the integrity of the foundations. If a soils report was not done at time of original construction or if there has been soil movement since construction, then a report on any know soil and geological conditions regarding soil deposits, rock formations, faults, ground water and landslides in the vicinity of the project, and a statement regarding any known evidence of soils problems relating to the structures. Reference shall be made to any previous soils reports for the site and a copy submitted with the report;

D. A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve a high degree of appearance and safety.

(Prior code § 8-4412)

A. A declaration of covenants, conditions and restrictions which would be applied on behalf of 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 initial assessment fees anticipated for maintenance, description of a provision for maintenance of all vehicular access areas within the project, and indication of appropriate responsibilities for maintenance of all utility lines and services for each unit;

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

1. Square footage and number of rooms in each unit,

2. Rental rate history for each type of unit for the previous five years,

3. Monthly vacancy rate for each month during the preceding two years and the amount of turnover of tenants during the preceding two years,

4. Makeup of existing tenant households, including family size, length of residence, age of tenants, and whether receiving federal or state rent subsidies,

5. Proposed sale price of units,

6. Proposed home owners' association fee,

7. Financing available, and

8. Names and addresses of all tenants.

When the subdivider can demonstrate that such information is not available, the planning department may modify this requirement;

C. Signed copies from each tenant of notice of intent to convert, as specified in Section 8.96.140. The subdivider shall submit evidence that a certified letter of notification was sent to each tenant for whom a sighed copy of the notice is not submitted;

D. Other information which, in the opinion of the planning department, will assist in determining whether the proposed project will be consistent with the purposes of this article.

(Prior code § 8-4413)

A. Acceptance of Reports. The final form of the physical elements report and other documents shall be as approved by the town. The reports in their accepted form shall remain on file with the planning department for review by an interested person. The report shall be referenced in the subdivision report to the planning commission.

B. Copy to Buyers. The subdivider shall provide each purchaser with a copy of each report (in its final, acceptable form), except the information required by Sections 8.96.050(B) and (C) before the purchaser executes a purchase agreement or other contract to purchase a unit in the project. The developer shall give the purchaser sufficient time to review each report. A copy of the reports shall be made available at all times at the sales office and shall be posted at various locations, as approved by the town, at the project site.

C. Hearing. Before tentative map approval, the planning commission shall hold a public hearing. Notice of the hearing shall be given to tenants of the proposed conversion and posted on the property at least ten (10) days before the meeting date.

(Prior code § 8-4414)

Before the close of escrow, the subdivider shall submit the following information to the planning department:

A. Name, address and phone number of homeowners' association;

B. Actual sale price of units;

C. Actual homeowners' association fee;

D. Number of prior tenants who purchased units;

E. Number of units purchased with intent to be used as rentals.

(Prior code § 8-4415)

The planning commission shall require that all condominium conversions conform to the municipal code in effect at the time of tentative map approval except as otherwise provided in this article.

Each provision of the municipal code must be met and each violation corrected before approval of the final map or, upon approval of the planning department, funds shall be adequately in escrow or bonded to assure completion of corrective work before the closing of escrow of a unit in the project.

(Prior code § 8-4416)

The planning commission shall require conformity with the standards of this section in approving the map.

A. Building Regulations. The project shall conform to the applicable standards of the housing code and the building code in effect on the date that the last building permit was issued for the subject structure except as provided in this section.

B. Fire Prevention.

1. Detectors. Each living unit shall be provided with approved detectors of products of combustion, other than heat, conforming to the latest UBC standards, and approved by the Moraga fire protection district, mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes.

2. Maintenance of Fire Protection Systems. Each fire hydrant, fire alarm system, portable fire extinguisher and other fire protective appliance shall be retained in an operable condition at all times.

C. Sound Transmission.

1. Shock Mounting of Mechanical Equipment. Permanent mechanical equipment such as motor, compressor, pump and compactor which is determined by the chief of code enforcement to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases or vibration isolators, or both, in a manner approved by the chief of code enforcement.

2. Noise Standards. The structure shall conform to interior and exterior sound transmission standards of Chapter 35 (Appendix) of the Uniform Building Code. Where present standards cannot be reasonably met, the planning commission may require the applicant to notify potential buyers of the noise deficiency currently existing within these units.

D. Utility Metering. Each dwelling unit shall be separately metered for gas and electricity. A plan for equitable sharing of communal water metering shall be developed before final map approval and included in the covenants, conditions and restrictions. Where the subdivider can demonstrate that this standard cannot or should not reasonable be met, the planning commission may modify this standard.

E. Private Storage Space. Each unit shall have at least two hundred (200) cubic feet of enclosed weather-proof and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. The space may be provided in a location approved by the planning department, but should generally not be divided into two or more locations. Where the subdivider can demonstrate for good reason that this standard cannot or should not be met, the planning commission may modify this standard.

F. Laundry Facilities. A laundry area shall be provided in each unit; or if common laundry areas are provided, each shall consist of not less than one automatic washer and dryer for each five units or fraction. Where the subdivider can demonstrate that this standard cannot or should not be met, the planning commission may modify this standard.

G. Landscape—Installation and Maintenance. All landscaping shall be installed, restored as necessary, and maintained to achieve a high degree of appearance and quality.

H. Condition of Equipment and Appliances. The developer shall provide a one-year warranty to the buyer of each unit at the close of escrow on a dishwasher, garbage disposal, stove, refrigerator, hot water tank, and air conditioner that is provided. At such time as the homeowners' association takes over management of the development, the developer shall provide written certification to the association that pool and pool equipment (filter, pumps, chlorinator) and appliances and mechanical equipment to be owned in common by the association are in operable working condition.

I. Refurbishing and Restoration. Each building, structure, fence, patio enclosure, carport, accessory building, sidewalk, driveway, paved area, landscaped area, and additional element required shall be refurbished and restored as necessary to achieve a high degree of appearance, quality and safety.

J. Parking.

1. Spaces Required. Off-street parking shall be provided in accordance with the municipal code except that the number of spaces shall be as follows:

Studio unit ..... 1.5 space per unit

One-bedroom unit ..... 1.5 space per unit

Two or more bedroom unit ..... 2.0 spaces per unit

Where it can be demonstrated that because of the physical limitations of the site, there would result a severe loss of amenities due to required parking, the planning commission may reduce the number of stalls required if it makes a specific finding that a reduction will not result in a deficiency of parking in light of the characteristics of the tenancies and the availability of alternate off-street parking in the vicinity of the site.

2. Assignment and Use of Required Off-Street Parking Spaces. Required off-street parking spaces shall be permanently and irrevocably specifically assigned to particular units within the project on the basis of the parking spaces required per unit.

To the maximum practical extent, the spaces assigned to each unit shall be contiguous. In no case shall the private storage area of one unit overhang or take its access from the required off-street parking space of another unit. All parking spaces shall be for the use of unit owners. All studio and one bedroom units shall be assigned one parking space and may rent additional spaces from the association as available. An occupant of a unit with two or more bedrooms may rent one parking space back to the association. All parking spaces, except those specifically designated for recreational vehicles, shall be used solely for the purpose of parking motor vehicles as defined by the Vehicle Code of the state of California and shall not be used for trailers, unmounted campers, boats, or other recreational vehicles.

(Prior code § 8-4417)

If the condominium project contains private streets, paths or roadways, provision shall be made for public utility easements over the private street, path or roadway network. The planning commission may require public utility easements adjacent to public streets or over other portions of the project to accommodate fire hydrants, water meters, street furniture, storm drainage, sanitary sewers, water and gas mains, electrical lines, and similar public improvements and utilities. The planning commission may also require access routes necessary to assure that fire fighting equipment can reach and operate efficiently in all areas of the project.

(Prior code § 8-4418)

Each unit within the project shall have an appurtenant private patio, deck, balcony, atrium or solarium with a minimum area of one hundred fifty (150) square feet, except that a studio or one bedroom unit shall have a minimum area of one hundred thirty (130) square feet. The space shall be designed for the sole enjoyment of the unit owner, shall have at least two weatherproofed electrical convenience outlets, and shall have a shape and size that allows for optimal usable space. The 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 above dimensional standards where it is shown that the required private open space otherwise meets the intent and purpose of this section.

(Prior code § 8-4419)

The following criteria shall be considered in reviewing the overall design and site layout of the project.

A. The project should have a comprehensive and integrated design, providing its own open space, off-street parking, and amenities for contemporary living. Insofar as the scale of the project allows, open space, walkways and other areas for people should be separated from parking areas, driveways and areas for automobiles.

B. Architectural unity and harmony should be achieved both within the project and between the project and the surrounding community so that it does not constitute an adverse disruption to the established fabric of the community.

C. The layout of structures and other facilities should effect a conservation in street, driveway, curb cut, utility, and other public or quasi-public improvements. Structures should be designed to minimize, within the context of accepted architectural practice, the consumption of natural resources either directly or indirectly, i.e., gas, water, and electricity.

(Prior code § 8-4420)

The planning commission may impose conditions on an approval given which would require that specified modifications designed to bring a structure into compliance with the condominium development standards be required to be made to the structure proposed for conversion.

(Prior code § 8-4421)