Chapter 18.09 — CONDOMINIUMS

State Law reference— Similar provisions, Government Code § 66425 et seq.; similar provisions, Civil Code § 783.

Since residential condominiums differ from other residential subdivisions in numerous respects, it is the purpose of this chapter to address the special attributes of condominium subdivisions and to adopt development standards to protect both the community and the condominium purchasers. This chapter will address both new condominiums and condominium conversions.

(Code 1972, § 18.09.010; Ord. No. 549, § 1(part), 1981)

In addition to the standards of this title applicable to regular subdivisions, no new condominium projects shall be approved unless the following items have been submitted with the tentative map and approved by the city. Planned unit projects developed under title 19 (zoning) shall not be subject to these requirements.

(1)

A development plan of the project including location and sizes of structures, parking layout, access areas, and exterior elevations;

(2)

A preliminary landscaping plan of the project including types and sizes of landscaping materials and permanent irrigation facilities shall be submitted;

(3)

A preliminary lighting plan of the project indicating location and nature of lighting and lighting fixtures in common areas;

(4)

The proposed condominium documents, including those portions of the covenants, conditions and restrictions that apply to the conveyance of units, the assignment of parking and the management of open space and common areas within the project and maintenance of private vehicular access ways and roadways;

(5)

Such other information which the planning director determines is necessary to evaluate the proposed project.

(Code 1972, § 18.09.020; Ord. No. 549, § 1(part), 1981)

The following site requirements shall be subject to the approval of the city council:

(1)

Architectural design. The evaluation of which may include the following:

a.

The general appearance of the proposed development shall contribute to the orderly and harmonious development of the neighborhood in which it is located and of the community as a whole.

b.

Further consideration may be given to exterior building surfaces, appearance of garages when viewed from outside the subdivision, and appearance of vehicular accessways.

(2)

Landscaping.

a.

All setback areas fronting on or visible from any adjacent public street, and all recreation and open space areas shall be live landscaped in an attractive manner and provided with a method for the maintenance thereof.

b.

Permanent and automatic irrigation facilities shall be provided in all off-site and on-site planted landscaped areas.

(3)

Lighting. The subdivider shall install onsite lighting on all vehicular accessways, parking areas, and along major walkways. Such lighting shall be directed onto the driveways and walkways within the development and away from the adjacent properties.

(4)

Open space—Common.

a.

Minimum open space for condominium projects shall be 30 percent of the net area being developed. The net area shall exclude dedicated or proposed dedicated public rights-of-way. Paved parking areas and accessways are not considered open space, but are part of the net area being developed.

b.

Common open space shall be designed and located within the project to afford use by all residents of the project. Enclosed buildings used for recreation or leisure facilities shall not be used to satisfy more than 40 percent of the required open space. Private waterways, including pools, streams and fountains may be used to satisfy not more than 50 percent of the required open space.

(5)

Open space—Private. Notwithstanding the common open space requirement, each condominium unit must have a directly accessible private patio, deck or balcony with a minimum area of 70 square feet and may have any amount of private open space in excess of the minimum accumulated to satisfy the minimum required common open space.

(6)

Parking.

a.

Each unit shall be provided with two parking spaces, at least one of which is covered, and no tandem parking shall be permitted to comply with the requirement.

b.

All parking areas shall have limited ingress and egress to public streets. No spaces shall be located so as to require backing onto public streets.

(7)

Trash collection areas. Trash collection areas shall be approved by the public works director. Such areas shall be enclosed within a building or screened with masonry walls having a minimum height of five feet. Access gates or doors to any trash area, not enclosed within a building, are to be of opaque material.

(8)

Street improvements.

a.

The subdivider shall improve or post a cash bond, a guaranteed bond, or letter of credit with the city to guarantee the installation of improvements to city standards of substandard or deficient street improvements fronting on the property in accordance with current city policy. These improvements may include, but shall not be limited to, curbs, gutters, sidewalks, ramps, driveways, drainage devices, trees, street lights, water and sewer mains, and fire hydrants.

b.

The width of the public rights-of-way and roadway of the street abutting the property shall conform to the requirements of the circulation element of the general plan.

(Code 1972, § 18.09.030; Ord. No. 549, § 1(part), 1981)

(a)

General. Building design, height, size, and construction shall comply to the zoning ordinance requirements for the zone in which the condominium is located, as well as all applicable building codes.

(b)

Energy conservation. Project design shall comply with all energy conservation requirements of current state and local law.

(c)

Fire protection measures. Smoke detection systems and fire protection appurtenances shall be provided as required by current state and local law. In addition, a minimum one-hour fire wall shall separate completely any condominium units from other condominium units.

(d)

Keying requirements. Each single unit in a condominium subdivision shall have locks using combinations which are interchange-free from locks used in all other separate dwellings within the project. Master keying

may be provided only upon special request of the condominium association.

(e)

Security measures. The general design of the proposed condominium project should facilitate the reduction of crime. Individual unit security shall be a significant consideration in the construction of the project.

(f)

Sound attenuation. Projects shall be designed to comply with the interior and exterior ambient noise standards specified in the land use development policies and development criteria of the city general plan, as well as all policies and standards adopted in the noise element of the general plan.

(g)

Storage space—Private. Where the proposed units are to be constructed with other than an attached garage for each dwelling unit, a minimum of 125 cubic feet of storage space shall be provided outside the dwelling unit for each such unit.

(h)

Utilities.

(1)

Plumbing. All plumbing fixtures within a unit shall be installed in a manner to allow the water supply to that unit to be shut off without affecting the water supply to plumbing fixtures in other units.

(2)

Drip pans. Clothes washers, dishwashers, hot water heaters or other appliances that are a potential source of water leakage or flooding shall be installed with built-in drip pans and appropriate drains.

(3)

Utility meters. Each utility that is controlled by and consumed within an individual condominium unit shall be separately metered in such a way that the unit owner can be separately billed for its use. Utility meters shall be screened architecturally or with landscaping if located outside of buildings. When a number of units are within a single structure, a common water supply may be used, as long as subsection (h)(1) of this subsection is met, with a single water meter per building, provided that common water billing through the condominium owner's association is clearly stated in the project's covenants, conditions and restrictions.

(4)

Circuit breakers. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. Such panel shall be accessible without leaving the unit, except for townhouse units.

(Code 1972, § 18.09.040; Ord. No. 549, § 1(part), 1981)

To achieve the purpose of this chapter, the subdivider shall include a copy of those portions of the declaration and restrictions proposed to be recorded prior to approval of final map as required by state law together with any and all documents required and relating to the items regulated by this chapter and all proposals for condominium subdivisions made pursuant to the provisions of this chapter. Once the declaration is accepted in final form by the planning director, none of the portions of the declaration relating to items regulated by this chapter shall be amended, modified or changed without the written consent of the planning director.

(Code 1972, § 18.09.050; Ord. No. 549, § 1(part), 1981)

(a)

Assignment or conveyance of private space. An exclusive easement to airspace or private open space areas provided under section 18.09.030(5) shall be described and conveyed with each unit.

(b)

Assignment or conveyance of private storage areas. An exclusive easement to airspace of private storage areas, including, but not limited to, the private storage space required by section 18.09.040(g), shall be described and conveyed with each unit.

(c)

Assignment or conveyance of parking spaces. An exclusive easement for two required off-street parking spaces shall be conveyed with each unit. All parking spaces shall be used solely by unit owners, members of their families, their guests or lessees of the owner's unit.

(Code 1972, § 18.09.060; Ord. No. 549, § 1(part), 1981)

A condominium proposal which does not comply with all of the standards and requirements in this chapter may be approved if, upon application by the subdivider, the city council finds that there are unusual circumstances regarding the development's location, site, or configuration, that the condominium project is in substantial compliance with both the general standards and site and structural requirements, and that there are mitigating features incorporated in the project which tend to further the express intent and purpose of this chapter.

(Code 1972, § 18.09.070; Ord. No. 549, § 1(part), 1981)

In order to provide for the housing needs of all economic segments of the community, the council declares that the purposes of this chapter are as follows:

(1)

To ensure that rental units being converted to condominiums meet reasonable physical standards as required by this chapter and building codes of the city in effect at the time of conversion;

(2)

To help mitigate the impact of eviction for residents of rental units as a result of their units being converted to condominiums;

(3)

To promote the concept of home ownership and to bring a greater amount of owner-occupied housing on the market affordable by all economic segments of the community, thus encouraging participation in the various economic and social benefits associated with home ownership.

(Code 1972, § 18.09.080; Ord. No. 549, § 1(part), 1981)

In addition to the requirements of this chapter relating to application for tentative maps, the application for a condominium conversion subdivision shall include the following:

(1)

A condominium conversion application;

(2)

Tenant and rental information which shall consist of the name and address of each present tenant of the project and the identification of the vacant units;

(3)

Schedule of proposed improvements which shall be made to the project prior to their sale; said list shall not prohibit the applicant from making additional improvements;

(4)

A plot plan of the project including the location and sizes of structures, parking layout and access areas.

(Code 1972, § 18.09.090; Ord. No. 549, § 1(part), 1981)

(a)

Upon receipt of the application to convert, the application for subdivision, and the additional reports required in section 18.09.090, the planning director shall submit copies of applicable reports or documents to the fire department, building department and other departments as found necessary.

(b)

The premises shall be inspected for needed repairs to bring the project into compliance with the building code applicable at the time of conversion. The cost of said inspection shall be borne by the subdivider.

(c)

The fire chief shall cause an inspection to be made of said project to determine the sufficiency of fire protection systems serving said project and report on any deficiencies and indicate which deficiencies are required to be corrected by law. The cost of said inspection shall be borne by the subdivider.

(d)

The planning director shall cause an inspection to be made to ascertain conformance of the project with zoning ordinance requirements applicable to the project, in effect at the time the project is converted, and may submit copies of application documents to other departments for their review and comments.

(Code 1972, § 18.09.100; Ord. No. 549, § 1(part), 1981)

(a)

Correction of deficiencies.

(1)

Corrections required in the building inspection report shall be made by the subdivider at his expense to the satisfaction of the building official.

(2)

The subdivider shall correct any deficiencies in the fire protection system, required by law.

(3)

The subdivider shall repair or replace any damaged or infested area in need of repair or replacement as shown in the structural pest control report, which shall be prepared by a licensed structural pest control operator and dated and filed at least 30 days prior to the submittal of the final map.

(4)

The subdivider shall bring into conformity any zoning ordinance violations.

(b)

Final inspection report. A final inspection report shall be made by the building official prior to consideration of the final map, indicating the compliance with all requirements imposed in this chapter.

(c)

Street improvements.

(1)

The subdivider shall improve or post a cash bond, letter of credit or guaranteed bond with the city guaranteeing the installation of the improvements to city standards of substandard or deficient street improvements fronting this property within the public right-of-way to the satisfaction of the public works director in accordance with current policy. These improvements may include, but shall not be limited to, curbs, gutters, sidewalks, ramps, driveways, drainage devices, trees and tree wells, and street lights.

(2)

The width of the public rights-of-way and roadway of the street abutting the property shall conform to the minimum standards of the circulation element of the general plan.

(d)

Sewer. If the apartment proposed for condominium conversion has not paid a sanitary sewer line charge as required by this Code, it shall pay a charge equal to the amount of a single-family residence times the number of units in the condominium prior to the submittal of the final map.

(e)

Maintenance of conversion records. The planning division shall keep and maintain the copies of all such reports required in this chapter, as public records for no less than five years and shall send copies to the state real estate commissioner as may be required by law.

(Code 1972, § 18.09.110; Ord. No. 549, § 1(part), 1981)

(a)

Notice of public hearing. The city shall provide written notice to each tenant in any building being proposed for conversion no less than ten days prior to the city council meeting regarding the tentative map for the conversion. Each tenant shall also be provided a copy of the written report or recommendation made by the planning department staff regarding the proposed conversion at least three days prior to the public hearing on said map by the city council.

(b)

Each tenant in an apartment building which is proposed for conversion to condominium ownership shall be given written notice of intention to convert at least 180 days prior to termination of tenancy due to such conversion.

(c)

The present tenant or tenants of any building proposed for conversion to condominium ownership shall be given an exclusive right to contract for the purchase of his respective unit upon the same terms or conditions that such unit will be initially offered to the general public, or on terms more favorable to the tenant. Unless the tenant gives prior written notice of his intention not to exercise this right, such right shall

run for a period of not less than 90 days from the date of issuance of the subdivision public report by the state department of real estate.

(d)

In accordance with the provisions of section 66427.1 of the California Subdivision Map Act, each of the tenants of an apartment building which is proposed for conversion to a condominium shall receive notice of intention to convert from the subdivider or owner at least 60 days prior to the filing of a tentative subdivision map for such conversion with the city council. Tenants shall also be notified at least ten days prior to application being made for a public report to the department of real estate. In addition, each tenant shall be given written notification within ten days of approval of a final subdivision map for such conversion.

(e)

Notice and relocation assistance to tenants.

(1)

Each person who applies for the rental of a unit in a property which is proposed for conversion within 60 days of the date of filing of a tentative map with the city council shall be notified by the subdivider or his agent of the intent to convert prior to the acceptance of rent or deposit from the prospective tenant.

(2)

If a subdivider fails to provide such notice to any prospective tenant as specified in this section, and the conversion of ownership is subsequently approved by the city council, the subdivider shall be required to pay to each prospective tenant who becomes a tenant and who does not purchase his unit, an amount equal to actual cost of relocation not to exceed $500.00 per residential unit at the time the notice of termination of tenancy is served, provided the final map for conversion has not yet been submitted. This requirement may also be satisfied by the subdivider paying the first month's rent on the tenant's new rental unit, if any, immediately after moving from the subject property, in an amount not exceeding $500.00. If notice of the termination of tenancy has not been provided to the tenant, and the relocation expenses not paid, prior to the submission of the final map, the subdivider shall provide to the city written evidence that he has entered into an agreement with each affected tenant to provide actual cost of relocation not to exceed $500.00, or payment of first month's rent subsequent to relocation in an amount not to exceed $500.00, at the time the notice of termination of tenancy is served.

(Code 1972, § 18.09.120; Ord. No. 549, § 1(part), 1981; Ord. No. 1024, §§ 8, 9, 1996)

Conversions shall not be approved which fail to meet the following minimum standards:

(1)

Parking.

a.

1½ accessible parking spaces must be provided for each dwelling unit in a building.

b.

Parking spaces shall meet parking code requirements for the zone in which they are proposed.

c.

One covered parking space for each dwelling shall be required for all condominium conversions of buildings for which a building permit was issued after the effective date of the ordinance codified in this chapter.

(2)

Sound attenuation. Unless existing floor-to-ceiling assemblies between separate units meet a sound transmission class of 50, as certified in the inspection report, wall-to-wall carpeting shall be required in all rooms of the dwelling units with the exception of bathroom, kitchen, and private open space areas.

(3)

Storage space. Each dwelling unit shall be provided with a minimum of 125 cubic feet of enclosed storage space outside the dwelling unit.

(4)

Density. Each apartment building proposed for conversion shall comply with the maximum density indicated in the land use element of the general plan, if less than three years has elapsed between the date of final construction and the date of application.

(5)

Fire detection systems. Early warning smoke detection systems in the living quarters and fire protection appurtenances as required by current state and local law shall be required for all condominium conversion subdivisions.

(Code 1972, § 18.09.130; Ord. No. 549, § 1(part), 1981)

(a)

General. To achieve the purpose of this chapter, the subdivider shall include a copy of those portions of the declaration of restrictions proposed to be recorded, as required by state law, together with any and all documents required and relating to the items regulated by this chapter and all proposals for condominium subdivision made pursuant to the provisions of the chapter. Once the declaration is accepted in final form by the planning director, none of the portions of the declaration shall be amended, modified, or changed without the written consent of the planning director.

(b)

Maintenance of impact insulation class. The impact insulation class (11C) rating of all separating floor/ceiling assemblies, as required by section 18.09.040(f), shall be described in the declaration. Where the minimum 11C rating is obtained through the use of floor covering, the declaration shall provide that said covering shall not be removed for any purpose except cleaning or replacement, and further provide that any replacement covering shall furnish the same or a greater degree of impact insulation as that originally installed.

(Code 1972, § 18.09.140; Ord. No. 549, § 1(part), 1981)

(a)

Assignment or conveyance of private storage areas. An exclusive easement to airspace of private storage area, including, but not limited to, the private storage space required by section 18.09.130(3) shall be described and conveyed with each unit.

(b)

Assignment or conveyance of off-street parking spaces. An exclusive easement for required off-street parking spaces shall be conveyed with each unit. All parking spaces shall be used solely by unit owners, members of their families, their guests or lessees of the owner's unit.

(Code 1972, § 18.09.150; Ord. No. 549, § 1(part), 1981)

Recognizing that conversions of existing structures to condominium usage presents unique problems with respect to meeting the requirements of condominium construction, the city council may vary, upon application by the subdivider, all but the minimum standards of section 18.09.130 with regard to a particular conversion proposal upon finding the creation of the proposed condominium will not contravene the intent and purpose of this chapter. No waiver of section 18.09.130(1) through (5) should be granted.

(Code 1972, § 18.09.160; Ord. No. 549, § 1(part), 1981)

All walkways, parking areas, landscaped areas, storage areas, screening, sewer, drainage facilities, utilities, open space, recreation facilities and other improvements not dedicated to public use shall be maintained by the property owners. Provisions acceptable to the city shall be made for the preservation and maintenance of all such improvements prior to final map approval for the condominium.

(Code 1972, § 18.09.170; Ord. No. 549, § 1(part), 1981)

(a)

All commonly owned land improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair. Any failure to so maintain is unlawful and a public nuisance

endangering the health, safety and general welfare of the public and a detriment to the surrounding community.

(b)

In addition to any other remedy provided by law for the abatement, removal and enjoinment of such public nuisance, the building inspector may, after giving notice, cause the necessary work of maintenance or repair to be done, and the costs thereof shall be assessed against the owner or owners of the project.

(c)

The notice shall be in writing and mailed to all persons whose names appear on the last equalized assessment roll as owners of real property within the project, at the address shown on said assessment roll. Notice shall also be sent to any person known to the building inspector to be responsible for the maintenance or repair of the common areas and facilities of the project under an indenture agreement.

(d)

The notice shall particularly specify the work required to be done and should state that if said work is not commenced within five days after receipt of such notice and diligently and without interruption prosecuted to completion, the city shall cause such work to be done, in which case the cost and expense of such work, including incidental expenses incurred by the city, will be assessed against the property or against such separate lot and become a lien upon the property.

(Code 1972, § 18.09.180; Ord. No. 549, § 1(part), 1981)