Piedmont Municipal Code Art. VIII Residential Condominiums

Residential condominium projects differ from other residential subdivisions in numerous respects, particularly as to development standards and ownership of individual units and jointly held common areas. The purpose of this article is to address the special attributes of condominium subdivisions and to adopt development standards which will protect both the community and the purchasers of condominium dwelling units.

If a commercial condominium is proposed in combination with a residential condominium, the requirements of this article and Piedmont Municipal Code article IX shall be read together, with the relevant requirements applying to the portions of the project.

“Condominium” is defined, in accordance with Civil Code section 783, to be an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property.

In addition to standards applicable to regular subdivisions, no new condominium project or portion thereof shall be approved unless the following items have been submitted with the tentative map and approved by the city:

A. Concurrent applications for variance and design review under the Piedmont Municipal Code prepared in accordance with the criteria set forth in the

55 subdivision manual, including a development site plan of the project including location and sizes of structures, parking layout, access areas, floor plans and exterior elevations; a preliminary landscaping plan of the project indicating types and sizes of landscaping materials and permanent irrigation facilities, prepared by a person licensed to prepare such plans by the state of California; and a preliminary lighting plan of the project indicating location and nature of lighting and lighting fixtures in common areas;

B.
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 and maintenance of common areas and improvements; and

C.
Such other information which the department determines is necessary to evaluate the proposed project to ensure consistency with the general plan, Piedmont Zoning Code, and any other applicable city regulations which are identified in the subdivision manual.

A condominium subdivision map may be approved, conditionally approved, or denied, based upon compliance with design review (Piedmont Municipal Code chapter 17).
The design review shall be based upon compliance with city codes, the residential design guidelines adopted by the city council, and the residential condominium site and design requirements in the condominium manual.

A condominium project shall be subject to the structural requirements contained in the latest council-approved edition of the California Building Codes.

Building inspection and fees shall be in accordance with Piedmont Municipal Code section Title 15. Inspection and fees for required public and private street and utility improvements shall be in accordance with other applicable sections of this chapter.

The purpose of these condominium conversion sectiont is to: establish criteria for the conversion of existing multiple-family rental housing to a condominium; ensure that converted housing achieves a high degree of appearance, quality, and safety and is consistent with the goals of the city; maintain a supply of rental housing for very low income, low income, and moderate income persons; reduce the impact of conversion on residents in rental housing who may be required to relocate due to the conversion of

56 apartments to condominiums by providing procedures for notification and adequate time and assistance for such relocation; and assure that purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase.

STANDARDS.

The application requirements, procedures for approval, and standards are set forth in the city’s Subdivision Manual. This also includes the required notification of existing tenants as required by the Subdivision Map Act.

The city council may not approve an application for condominium conversion unless it finds in the approving resolution that the proposed conversion:

A.
Conforms to the requirements of sections 19.55 through 19.62 and the Subdivision

Manual;

B.
Is consistent with the general plan and current zoning regulations;

C.
Will provide an equivalent number of very low, low moderate and/or above- moderate income rental units (as defined in the Housing Element of the General Plan) elsewhere in the city, with a requirements that the units remain as restricted rental units for at least 55 years; and

D.
Satisfies the requirements of Government Code Section 66427.1 (regarding notice

to tenants).