SEC. 28.11. - Applicability.

In addition to all other requirements of the Subdivision Map Act, the provisions of Chapter 28 and this article shall apply to all condominiums, stock cooperatives, community apartment projects, common green subdivisions, tenancies-in-common and condominium conversions in the city. The provisions of this article are enacted pursuant to the provisions of Section 200 of the Charter of the City of Mountain View and of the Subdivision Map Act.

(Ord. No. 3.22, § 1, 4/12/22.)

The provisions of Articles III (Preliminary Parcel Maps and Tentative Maps) and IV (Parcel Maps and Final Maps) of this chapter shall apply to all maps submitted in connection with any condominium, stock cooperative, community apartment project, common green subdivision, tenancy-in-common and condominium conversion, which provisions shall also apply regardless of the number of units of land or air space proposed to be created. Additionally, the following information shall be submitted with a preliminary parcel or tentative map of any condominium:

a.

A project plan containing a graphic and written description of the number of units into which the air space is to be divided, including its location, dimensions, elevations and numbering of each unit.

(Ord. No. 3.22, § 1, 4/12/22.)

For the protection of purchasers of individual units, all condominiums, stock cooperatives, community apartment projects, common green subdivisions and tenancies-in-common as well as all conversions of existing residential real property into condominiums, stock cooperatives, community apartment projects, common green subdivisions and tenancies-in-common shall comply with the following requirements:

a.

The covenants, conditions and restrictions (CC&Rs), or equivalent document, shall contain, or be amended to contain, on the first page thereof, in type as large as any type used in the CC&Rs, a notification in substantially the following terms:

"NOTICE: THE TERMS OF THIS DOCUMENT ARE LEGALLY BINDING. READ IT CAREFULLY. A REAL ESTATE BROKER IS QUALIFIED TO ADVISE YOU ON REAL ESTATE MATTERS. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY."

b.

Discrimination against families with children prohibited.

1.

It shall be unlawful for a subdivider or owner of the property being developed or converted, or the owner of any unit which is created after the condominium, stock cooperative, community apartment project, common green subdivision or tenancy-in-common has been constructed, or the conversion has been completed, to refuse to sell, lease or rent any dwelling unit, or to otherwise deny occupancy of said unit, because the family which is the prospective purchaser, lessee, renter or occupier of said unit has one (1) or more children.

2.

It shall be unlawful for a subdivider or owner of the property being developed or converted, or the owner of any unit which is created after the condominium, stock cooperative, community apartment project, common green subdivision or tenancy-in-common has been constructed, or the conversion has been completed, to discriminate, in the terms, conditions, privileges or availability of residential facilities or services, against persons who are prospective residents because they have one (1) or more children.

3.

Excluded from the requirements of subsections 1. and 2. of this subsection 28.11.10.b shall be studio units within such condominium, stock cooperative, community apartment project, common green subdivision and tenancy-in-common, or condominiums, stock cooperatives, community apartment projects, common green subdivisions and tenancies-in-common which have a publicly established and maintained policy of selling, leasing or renting dwelling units exclusively to elderly persons (i.e., those persons sixty-two (62) years of age or older). "Studio unit," as used in this subsection, shall mean a dwelling unit having not more than one (1) habitable room in addition to the kitchen and bathroom.

The conditions, covenants and restrictions (CC&Rs), or equivalent document, for any new or converted condominium, stock cooperative, community apartment project, common green subdivision or tenancy-incommon shall contain, or be amended to contain, the provisions set forth in subsections b.1. and b.2. of this section. The CC&Rs shall also provide that the city be given the right to enforce these two (2) restrictions.

c.

It shall be unlawful for a subdivider or owner of any newly converted condominium, stock cooperative, community apartment project, common green subdivision or tenancy-in-common to discriminate, in the sale, or in the terms and conditions of sale, of any dwelling unit located within such newly converted condominium, stock cooperative, community apartment project, common green subdivision and tenancyin-common against any person who is or was a lessee or tenant of any such dwelling unit because such person opposed, in any manner, the conversion of such former apartment building or residential complex into a condominium, stock cooperative, community apartment project, common green subdivision and tenancy-in-common.

d.

Any aggrieved person may bring an action for legal and/or equitable relief in a court of competent jurisdiction to enforce the rights given such person by any provision of this article.

e.

A document entitled "INFORMATION STATEMENT FOR PROSPECTIVE PURCHASERS OF A CONDOMINIUM, STOCK COOPERATIVE, COMMUNITY APARTMENT, COMMON GREEN SUBDIVISION OR TENANCY-IN-COMMON UNIT," signed by the subdivider or owner, shall be filed with the public works director, and a copy thereof shall be furnished by the subdivider or owner to each purchaser prior to the time they incur any obligation to purchase a dwelling unit. Such document shall be in a form approved by the public works director and shall contain the following information, of which the subdivider or owner is solely responsible for its accuracy:

1.

The name, address and capacity of each person or firm involved in the construction, conversion, rehabilitation, sale or financing of the project.

2.

A legal description of the project and a map showing the location of the individual units, the common areas and other facilities.

3.

A listing of the services and facilities to be furnished to individual owners and a statement of all fees and other conditions applicable to the use of such services and facilities.

A statement of the estimated annual operating and maintenance costs for all common facilities and services for the next three (3) years as prepared or reviewed by a professional management firm familiar with operating and maintenance costs of similar property in the area.

5.

A statement granting to each purchaser of a unit the right to cancel their purchase of such unit, without cost or liability, provided they give written notice of cancellation within fifteen (15) days after they sign a purchase agreement.

6.

A statement of any other information that the public works director reasonably determines should be furnished to a prospective purchaser to enable the prospective purchaser to make an informed decision regarding the purchase of a unit in that project.

f.

A copy of the duly recorded CC&Rs, which CC&Rs contain the provisions required by this article, shall be furnished by the subdivider or owner to each prospective purchaser prior to the time such person incurs the obligation to purchase a dwelling unit.

g.

No contract for the management, operation or maintenance of common areas may extend more than thirty (30) days beyond the time at which majority control of the homeowners association passes to individual unit owners, unless a longer period of time is approved by the homeowners' association after majority control has passed to individual unit owners.

(Ord. No. 3.22, § 1, 4/12/22.)

The provisions of Article V (Design Standards) of this chapter shall apply to all maps submitted in connection with any condominium, stock cooperative, community apartment project, common green subdivision and tenancy-in-common, which provisions shall also apply regardless of the number of units of land or air space proposed to be created. The terms "map" or "conversion map," as used in Articles VI, VII and VIII, shall mean and include a tentative map, final map, preliminary parcel map and parcel map, as such terms are defined in Article I of this chapter. Additionally, the following design standards shall likewise apply to:

a.

New condominiums, stock cooperatives, community apartment projects and tenancies-in-common.

1.

The design, improvement and construction of new condominiums, stock cooperatives, community apartment projects or tenancies-in-common shall conform to and be in full accordance with all requirements of all building, fire and housing codes, zoning provisions and all other applicable local ordinances and regulations in effect at the time of filing of the tentative map or preliminary parcel map.

2.

The design and improvement of such new condominiums, stock cooperatives, community apartment projects and tenancies-in-common may also be required to incorporate special design features and amenities (i.e., useable open space, children's play areas and similar physical improvements) as conditions of approval of said map.

3.

All private streets, driveways and parking areas for said condominiums, stock cooperatives, community apartment projects and tenancies-in-common shall be improved and constructed with a structural section in accordance with the standards of the city and shall be designed to ensure that access for municipal services will not be denied any dwelling unit therein by reason of deteriorated, impassable private streets, driveways and parking areas.

b.

New common green subdivisions.

1.

The design, improvement and construction of new common green subdivisions shall conform to and be in full accordance with all requirements of all building, fire and housing codes, zoning provisions and all other applicable local ordinances and regulations in effect at the time of the filing of the tentative map or preliminary parcel map.

2.

The design and improvement of such new common green subdivisions may also be required to incorporate special design features and amenities (i.e., useable open space, children's play areas and similar physical improvements) as conditions of approval of said map.

3.

All private streets, driveways and parking areas for said common green subdivision shall be improved and constructed with a structural section in accordance with the standards of the city and shall be designed to ensure that access for municipal services will not be denied any dwelling unit therein by reason of deteriorated or impassable private streets, driveways and parking areas.

4.

Sewage collection and water distribution lines on private property in common ownership shall be covered by one (1) of the following requirements:

(a)

All lines to be owned and maintained by the homeowners association, or similar organization, shall be constructed to city standard specifications for public works. Water metering and billing shall be provided at each individual townhouse lot, as well as for the entire development, using a master meter. The difference between the sum of individual meters and the reading of the master meter will be billed to the homeowners association or similar organization. A sewer lateral shall be provided at each individual townhouse.

(b)

All lines to be owned and maintained by the city shall be placed in asphalt concrete driveways acceptable to the public works director (with the necessary public utility easements) or shall be placed in a covered concrete-lined trench acceptable to the public works director (with the necessary public utility easements) running through the project so as to constitute an accessible pipe chase for maintenance of the lines. A water meter and sewer lateral shall be provided at each individual townhouse.

(Ord. No. 3.22, § 1, 4/12/22.)

Notwithstanding any other provisions of this chapter, a subdivider proposing to rent units within a new or converted condominium development for a certain period of time after receiving a certificate of occupancy for the units in the development shall enter into an agreement with the city prior to approval of a tentative map or preliminary parcel map. The agreement shall provide the proposed length of the rental period and that one (1) year before the expiration of the rental period when the units within the development may be sold to individual purchasers, the subdivider shall prepare reports, serve notices and shall agree to follow all requirements of state law and the City Code relative to the protection and relocation of tenants and prospective purchasers.

(Ord. No. 3.22, § 1, 4/12/22.)