Chapter 17.60 — CONDOMINIUM NEW PROJECTS AND CONVERSIONS

A. Residential condominiums provide for individual ownership of separate dwelling units which are usually in close proximity to one another. The area surrounding the dwelling units is a common area that is managed and maintained by the individual owners of dwelling units in accordance with the rules of an association agreement.

B. This mix of individual and common ownership is different from single-family residences and conventional apartment house use. In single-family homes, the dwelling is physically separate and the yard areas are under the more or less complete control of the owner. In conventional apartments, there is an implied guarantee of continuous and effective management of the project, and the occupant is not the owner of the unit and does not have the burden of financial commitment, maintenance, or resale associated with ownership.

C. The unique nature of condominium projects tends to magnify the effects associated with higher urban densities to the point where they may have deleterious effects upon the occupant, seller and buyer who often do not fully appreciate the implications of condominium living and ownership and which may lead to conditions of mismanagement, neglect and blight that impact upon the public health, safety, welfare and economic prosperity of the larger community. To ensure that such problems are avoided in both the short and long term, it is the express intent of the city to treat such projects differently from other multiple-family dwelling developments or other structures which are not residential condominium projects. It is found that the special regulations contained in this chapter are required to achieve this intent, and are applicable to all new condominium developments and the conversion of existing community apartment projects to residential condominiums. No part of this chapter is intended to be applicable to commercial condominiums.

1. To establish requirements and procedures to be followed for the review and approval or disapproval of new condominium project developments and the conversion of existing multiple-family rental housing to residential condominiums.

2. To establish criteria for new condominium developments and condominium conversion projects.

3. To ensure that the developer of the project provides adequate private outdoor living space, storage and parking space, open space and other amenities for residents of condominium project developments.

4. To provide for planning and compliance with the city's general plan, housing element and housing assistance plan.

5. To provide a desirable balance of rental and ownership housing within the city, and a variety of individual choice of tenure, type, price and location of housing.

6. To ensure that the project sponsor is attentive to the performance characteristics of the structure and mitigates such problems as vibration and noise transmission, which if not adequately attenuated, may nevertheless render the living environment within the project insufferable and the transfer of unit ownership difficult. (Ord. 2010-02 § 1 (part), 2010)

The developer of a new condominium project or a developer who desires to convert an existing multiple-family rental housing or a nonresidential structure to a residential condominium shall first submit an application for a use permit to the Community Development Department. The application shall include, but not be limited to, the following, in as many copies as the Community Development Department determines to be sufficient for its staff and the Planning Commission to evaluate the project:

A. A complete legal description of the property and a boundary map showing the existing topography of the site and the location of all existing easements, structures and other improvements, and trees over six (6) inches in diameter;

B. Dimensioned schematic development plans consisting of at least a site plan, parking plan, typical floor plan, building elevations showing natural and proposed grades, transverse and longitudinal section showing natural and proposed grades, and a conceptual landscaping plan for the project as a whole. (In instances where the project involves the conversion of an existing structure to condominium usage, the developer shall submit plans showing existing conditions and proposed improvements, and other information and plans as determined by the city staff).

C. A tabular analysis (submitted on forms provided by the city) showing how the project compares to the minimum standards for condominium projects in the district in which it would be located;

D. Drawings of typical detailed sections indicating types of wall, floor and ceiling construction that would be used in both common and interior partition walls within the condominium project, including either published data from a recognized and approved testing laboratory of a statement from a licensed acoustical engineer, or the city building official as to the STC (Sound Transmission Class) and IIC (Impact Insulation Class) of the proposed type of construction;

E. Such other information which the Planning Commission or Community Development Department determines is necessary to evaluate the proposed project;

F. No application shall be considered unless all the information required by divisions A. through E. inclusive, is provided to the Community Development Department, or the developer files with the Community Development Department an affidavit or declaration showing good cause for failure to provide such information. This affidavit or declaration shall set forth in detail all efforts undertaken to discover such information and all reasons why the information cannot be obtained;

G. Upon formal approval of the use permit, the developer will then be required to submit a tentative subdivision map for city approval unless the condominium conversion is exempt from the Subdivision Map Act pursuant to the California Government Code. (Ord. 2010-02 § 1 (part), 2010)

A. 1. To achieve the purpose of this chapter, the Planning Commission requires that all proposals for condominium usage made pursuant to the requirements of this section, including the conversion of existing multiple-residential structures to condominiums, conforms to the requirements of the residential district in which the project is located. Additionally, the Planning Commission must review the project proposal in order to determine its degree of compliance with both the condominium development standards and development criteria delineated in divisions B. and C. of this section. A condominium proposal which does not comply with all of the precise development standards in division B. of this section may be approved by the Planning Commission where the commission finds that there are unusual circumstances regarding the development's location, site or configuration, that the project is in substantial compliance with both the development standards and development criteria, and that there are mitigating features incorporated in the project which tend to further the expressed intent and purpose of this chapter.

2. Recognizing that the conversion of existing multiple residential structures to condominium usage presents unique problems with respect to the requirements of this chapter, the Planning Commission is empowered to vary any and all requirements contained in this chapter with regard to a particular conversion proposal upon a specific finding or findings that the creation of the proposed condominium will not contravene the intent and purpose of this chapter. Project characteristics of critical importance in determining whether or not a proposed conversion will contravene the intent and purpose include the age of the structure and the degree to which the proposal varies from the required standards for the following: Parking, private open space, storage space, sound transmission characteristics, fire protection and development criteria.

3. The Planning Commission is also empowered to impose conditions on any approval given which would require that specified modifications, designed to bring a structure into compliance with the condominium development standards contained in this section, are made to the structure proposed for conversion.

B. Condominium Development Standards. To achieve the purpose of this section, the Planning Commission shall require, except as noted above, that all condominium projects conform to the requirements of the residential district in which the project is located and all of the following condominium development standards:

1. All new condominiums or community apartment projects shall be developed with at least one (1) bedroom per unit and include garage/parking and storage.

2. Parking Requirements. All condominium developments shall conform to the following parking requirements: Each unit in the development, irrespective of size, shall have at least two and two-tenths (2 2/10) parking spaces consisting of two (2) owned spaces (minimum one (1) garage space), and two-tenths (2/10) guest space (common). All fractions to be rounded to next highest number with a minimum of one (1) guest space per development. All garages to be used primarily for storage of vehicles.

3. Requirement of Private Open Space for Each Unit. 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 one (1) bedroom unit is required to have a minimum area of one hundred thirty (130) square feet. Such space shall be designed for the sole enjoyment of the unit owner, shall have at least two (2) weatherproofed electrical convenience outlets, and shall have a shape and size that would allow for optional usable space. Such 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 can be shown that the required private open space meets the intent and purpose of this subsection.

4. Storage Space for Each Unit.

a. In addition to guest, linen, food pantry and clothes closets customarily provided, each unit within the project shall meet minimum FHA storage standards. All exterior storage spaces shall be weatherproof, lockable and meet fire department requirements. Such space shall be for the sole use of the unit owner. Walk-in exterior storage shall have a minimum clear access opening of two and one-half (2 1/2) feet by six and two-thirds (6 2/3) feet.

• b. Such space may be provided in any location approved by the Planning Commission, but shall not be divided into more than two (2) locations within a reasonable distance of the unit.

c. If such space is located within a common area within the project, the association shall be responsible for the care and maintenance of the exterior surface of the space in order to assure that that surface is maintained in a manner compatible with the architectural treatment of the project.

d. Regardless of the location, the precise architectural treatment of such space shall be approved by the Planning Commission to ensure that such areas are safe, convenient and unobtrusive to the functional and aesthetic qualities of the project.

5. Sound Transmission Characteristics. Condominiums present a unique problem in relation to sound transmission. The following methods shall be utilized to regulate noise transmission:

a. Shock Mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps and compactors which is determined by the building official to be a source of significant structural vibration or structure-borne noise shall be shock-mounted in inertia blocks or bases and/or vibration isolators in a manner approved by the building official.

b. Noise Resistance. As a minimum, all common walls and floors between units shall comply with Uniform Building Code Standard No. 35-1. All separating floor-ceiling assemblies between separate units shall provide impact sound insulation equal to that required to meet an Impact Insulation Class (IIC) of fifty (50) (forty-five (45) if field-tested) as defined in Uniform Building Code Standard No. 35-2. Developers of conversions shall submit to the Community Development Department prior to approval of the tentative map a written statement of compliance signed by a certified sound engineer. (The sound transmission requirements stated in this subdivision do not preclude requirements outlined in the California Environmental Quality Act, appropriate city ordinances and criteria).

c. Plumbing shall be located within walls interior to the unit whenever possible. Any plumbing in common walls shall be wrapped and caulked to effectively reduce noise transmission.

d. Patios or balconies adjacent to bedroom areas shall be improved with solid walls constructed of masonry, wood, wood and stucco, wood on wood, or other acceptable materials at a rate of two (2) pounds per square foot minimum and to a minimum of five (5) feet in height.

6. Fire Prevention.

a. Every dwelling unit shall be provided with a smoke detector conforming to Uniform Building Code Standard No. 43-6. The detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located within twelve inches of the ceiling. Care shall be exercised to insure that this installation will not interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm in the dwelling unit.

• b. Draft stops shall be placed in all attics that are determined to be accessible by the building official.

• c. All condominiums shall meet minimum requirements of fire department.

7. Condition of Equipment and Appliances. On conversions, the developer shall provide a one (1)-year warranty to the buyer of each unit at the close of escrow on any dishwashers, garbage disposals, washers and dryers, stoves, refrigerators, hot water tanks and air conditioners that are provided. At such time as the Homeowners' Association takes over management of the development, the developer shall provide a one (1)-year warranty to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association is in operable working condition.

8. Condition of Paved Areas. Prior to close of escrow of conversion units, the developer shall make any repairs necessary to all paved surfaces to meet current city standards.

C. Condominium Development Criteria. The overall quality of the project, including design, site layout, density, open space and recreational facilities of the condominium shall be evaluated by the Planning Commission using the following criteria:

1. Land Use Intensity. Land use intensity shall be consistent with general plan and Zoning Code.

2. Overall Design and Site Layout. 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. Additionally, 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.

d. A landscape and lighting plan shall be submitted to and approved by the Planning Commission for all outdoor areas, and shall be submitted with or as part of the project site plan. The plan shall be subject to approval of the Planning Commission prior to the issuance of any building permits. Landscaping shall be installed prior to occupancy or, as the case with conversions, prior to close of escrow of the first unit. Landscaping shall be maintained in accord with the approved landscape plan.

• e. Mailboxes shall be located in central locations in a manner approved by the Planning Commission and the postal service.

• f. Access to all common areas (open space, facilities, parking) located on the ground floor areas shall be provided with a barrier-free design (including curb cuts, ramps, wide gates, etc.) for the handicapped.

• g. All common areas shall be maintained by a homeowner's association.

3. Other Facilities. Consideration shall be given by the Planning Commission to the inclusion of the following facilities in the project: a. A laundry area shall be provided in each unit, or if common laundry facilities are provided, then such facilities shall be subject to the review of the Planning Commission as to their adequacy.

b. Requirement shall be placed in the codes, covenants and restrictions precluding the parking of recreational vehicles and boats on required owned or guest spaces.

4. Utilities.

• a. All units to be subdivided shall be provided with separate gas and electric meters and requirement made for individual shut-off valves.

b. All units shall be provided with separate water meters and shut-off valves. If a master water meter is used, private, individual meters will nonetheless be required for water service.

c. Sewer Lines. Condominium (air space) units: Each unit shall be provided a separate sewer lateral wherever possible. Where not possible, each floor shall have its own lateral and the Homeowner's Association shall be responsible for all maintenance of the common laterals from the individual unit to the connection with the main sewer line. Planned unit developments: Each unit shall be provided a separate sewer lateral. No cross-connections or common connections shall be allowed of any plumbing.

d. Individual utility meters, phone panels and address directories shall be clustered for efficient access for residents and service. e. Group plumbing vents and ducts together wherever possible in condominium (air space) units to minimize roof penetration. Where mechanical equipment must be located on the roof, it shall be integrated into design of the roof and/or recessed or screened from view from adjoining properties.

D. Approval of Tentative/Final Subdivision Map. Approval of the tentative and final subdivision maps for new condominiums and conversions shall be pursuant to Section 66427 of the California Government Code and local subdivision ordinance as amended. (Ord. 2010-02 § 1 (part), 2010)

A. To achieve the purpose of this section, the Planning Commission requires that the declaration of covenants, conditions and restrictions and project elements relating to the management of the common area and facilities be approved by the Community Development Department prior to the approval of the final map. In addition to such covenants, conditions and restrictions that may be required by the Department of Real Estate of the state pursuant to Title 6 (Condominiums) of the Civil Code, or other state laws or policies, such declaration shall be subject to recording and shall provide for the following, none of which, when approved by the Planning Commission or Community Development Department shall be amended, modified or changed without first obtaining the written consent of the city and all of which shall contain a statement to that effect.

B. The minimum criteria and conditions which are described in this section and any other conditions to be placed in the codes, covenants and restrictions shall be distributed to the developer at the time of the preliminary conference on the tentative map:

1. Conveyance of Private Open Space. The surface area and appurtenant air space of private open space areas, including but not limited to the private patio, deck, balcony, solarium or atrium required by Subsection 17.60.030.A.3 and any integral portion of that space may exceed the minimum area requirements, shall be described and conveyed in the grant deed as an integral part of the unit.

2. Conveyance of Private Storage Areas. The surface and appurtenant air space of private storage spaces required by Subsection 17.60.030.A4 shall be described and conveyed in the declaration as an integral part of the unit.

3. 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 pursuant to Section 17.60.030.A2. To the maximum practicable extent the spaces assigned to each unit shall be contiguous. In no case shall the private storage area of one (1) 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. One (1) bedroom units shall be assigned two (2) parking spaces and may rent additional spaces from the association as available. An occupant of a unit with two (2) or more bedrooms may rent one (1) 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, and shall not be used for trailers, unmounted campers, boats or similar recreational vehicles.

4. Right of Public Entry to Common Area. The developer shall file a petition by a majority of the owners, requesting that the requirements of the California Vehicle Code be enforced on privately owned and maintained roads as provided in Section 21107.07 of the California Vehicle Code.

5. Maintenance of Common Areas and Facilities; General. In order to protect the public health, safety and welfare, requirement shall be made both for annual assessments of the owners for maintenance and special assessments for capital improvements. The amount of the regular annual assessment and the procedure for its change shall be specified. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common area shall be specified. The remedies which the association may bring for the nonpayment on assessments shall be specified and may include penalties for late payment.

6. Utility Easements over Private Streets and Other Areas. If the condominium project contains private streets, paths or roadways, requirement shall be made for public utility easement over the entire private street, path or roadway network. The Planning Commission may also 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 firefighting equipment can reach and operate efficiently in all areas of the project.

7. Access for Construction, Maintenance or Repairs. The association shall have an easement for entry upon any privately owned unit, where necessary, in connection with construction, maintenance or repair for the benefit of the common area or the owners of the units in common. Codes, covenants and restrictions shall include a requirement for prior notice of entry to occupants when at all possible.

8. Termination of Contract. Unless otherwise prohibited by law, or any local, state or federal regulation, the association has the right to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three (3) months after the association assumes control of the project, or at that time renegotiate any such contracts.

9. Preparation of By-laws. A complete set of by-laws for operation of the Homeowner's Association shall be prepared and submitted to the city subject to approval as to form to accomplish the purposes contained in this subsection. Additionally, the by-laws and the codes, covenants and restrictions shall provide for, and the developer/owner shall establish, a continuously active guarantee of an amount equal to or greater than the estimated costs of normal operation of the association for a period of not less than six (6) months. (Ord. 2010-02 § 1 (part), 2010)

In addition to the requirements for a subdivision, the application for the subdivision of existing multiple-family rental housing as a condominium conversion is subject to the following additional requirements:

A. Code Inspection, Compliance and Disclosure. All units to be under separate ownership or lease after conversion shall be inspected by the city prior to city approval of final map. Separate ownership means a condominium unit where the entire fee is in one (1) entity whether individually, in joint tenancy, or as tenants-in-common. The cost of such inspection shall be borne by the applicant. All units shall be brought into compliance with applicable Uniform Building Codes heretofore adopted by the city pursuant to ordinance, prior to final map approval by the city.

B. Public Report Application. A copy of the proposed application submitted by the applicant to the Department of Real Estate of the state for a subdivision public report on the current forms required by the Department of Real Estate shall be submitted to the Community Development Department together with the submittal of the tentative map. Such application need not contain exhibits regarding the availability of utility services or the organizational documents of the project. However, the application for the final subdivision map shall include a full and complete copy of all information submitted to the Department of Real Estate by applicant.

C. Notification to Tenants. Developers of apartment conversions shall, with the use permit application, submit to the city the following:

1. A list of names and addresses of the residents of each unit in the conversion project certified as to accuracy by the developer as of the date of the application; and

2. Certification that the residents of the project have been notified of the proposed conversion in a manner approved by the Community Development Department; or

3. A separate stamped, preaddressed envelope to the resident of each unit shall be furnished to the city by the developer at the time the developer submits an application for a use permit. The city shall use such envelopes to notify the residents by mailing a copy of the Planning Commission agenda and notice to tenants no less than seven (7) days prior to the proposed meeting date on the use permit.

4. All new tenants who occupy the property after an application for a use permit for conversion has been filed with the city shall be notified of the application by the developer prior to occupancy by the tenant.

5. Please note that additional notice requirements are set forth in Section 66427.1 of the Government Code for approval of any final map for the conversion of residential real property into a condominium project, a community apartment project or a stock cooperative project.

D. Pest Infestation and Dry Rot Report. The developer shall, prior to approval of the final map, submit to the Community Development Department a copy of a structural pest infestation and dry rot report for all buildings within the proposed project. This report shall be made available to all prospective buyers by the developer.

E. Building Security. The developer shall comply with all conditions of the city's Police Department in respect to building security. In addition, prior to the approval of the final map, all locks in the project shall be changed so that no master key or other keys previously used will allow entry into any unit of the project after conversion. (Ord. 2010-02 § 1 (part), 2010)

In reviewing requests for conversion of existing apartment buildings to condominiums, the city shall consider the following:

A. Whether or not the amount and impact of the displacement of tenants if the conversion were approved would be detrimental to the health, safety or general welfare of the community;

B. The role that the apartment structure plays in the existing housing rental market. Particular emphasis will be placed on the evaluation of rental structures to determine if the existing apartment complex is serving low income and moderate income households. Standard definitions of low income and moderate income rents used by the federal and state governments will be used in the evaluation. Along with other factors, the city will consider the following:

C. The number of families on current waiting lists for assisted rental housing programs that operate in Pinole, such as Housing Act Section 23 and Section 236 programs;

D. The probable income range of tenants living in existing apartments based on the assumption that households pay between one-quarter (1/4) and one-third (1/3) of their income for housing. That income range will be compared with existing income limits for the Section 8 program to determine whether potential displaced tenants can be categorized as low income and moderate income;

E. The need and demand for lower cost homeownership opportunities which are increased by the conversion of apartments to condominiums;

F. Conversion projects shall not be approved by the Planning Commission if, on the basis of a representative sampling of the number of rental dwelling units relative to the total available dwelling units in the city (supplied by developer and verified by city) is less than fifteen percent (15%);

G. If the Planning Commission or City Council determines that vacancies in the project have been increased for the purpose of preparing the project for conversion, the tentative map and use permit application may be disapproved. In evaluation of the current vacancy level under this subsection, the increase in rental rates for each unit over the preceding five (5) years and the average monthly vacancy rate for the project over the preceding two (2) years shall be considered;

project have been increased for the purpose of preparing the project for conversion, the tentative map and use permit application may be disapproved. In evaluation of the current vacancy level under this subsection, the increase in rental rates for each unit over the preceding five (5) years and the average monthly vacancy rate for the project over the preceding two (2) years shall be considered;

H. The applicant shall provide relocation information consisting of data indicating the current and continually available, competitively priced, decent, safe and sanitary dwelling units within the immediate area (Pinole, Hercules, Rodeo, and El Sobrante). The number of available dwelling units shall be sufficient to assure accommodation of such displaced tenants. This requirement is not applicable if the city determines, on the basis of a representative sampling of apartment buildings conducted by the city, that the city-wide apartment vacancy rate exceeds five percent (5%). Any such representative sampling used shall not be more than ninety (90) days old. In addition, the developer shall pay each household displaced by the project an amount determined by the Planning Commission as being representative of commercial relocation costs within the market area. (Ord. 2010-02 § 1 (part), 2010)

The developer shall make no advertising use of any city approval of use, subdivision or occupancy for the project. (Ord. 2010-02 § 1 (part), 2010)

Approval of the final map for a condominium or the conversion of residential real property into a condominium project is subject to findings as required by Section 66427.1 of the Government Code, as amended. The findings shall not diminish, limit or expand, other than as provided in this chapter, the authority of the city to approve or disapprove any condominium projects. (Ord. 2010-02 § 1 (part), 2010)