Redwood City Municipal Code § 30.64 Appeals

The purpose of this Article is to regulate the development of condominiums, including both newly constructed condominium projects and conversions of existing units/commercial space into condominiums.

(Ord. No. 2542, § 6(Exh. C), 10-14-24)

ASSOCIATION: Association means the organization of persons who own a condominium unit or right of exclusive occupancy in a community apartment.

COMMON AREA: Common area is an entire project excepting all units therein.

COMMUNITY APARTMENT: Community apartment is an estate in real property consisting of an undivided interest in common in a parcel of real property and the improvements therein coupled with the right of exclusive occupancy for residential purposes of an apartment located thereon.

COMMUNITY APARTMENT PROJECT: Community apartment project as defined in Civil Code Section 4105 is a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon.

CONDOMINIUM: Condominium is 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. Such estate may, with respect to the duration of its enjoyment be either:

A. An estate of inheritance or perpetual estate,

B. An estate for life, or

C. An estate for years, such as a leasehold or subleasehold.

CONDOMINIUM PERMIT: That permit issued by the City to a developer authorizing and approving a project.

CONDOMINIUM PROJECT: A condominium project is a condominium containing two (2) or more units for residential, industrial or commercial purposes.

CONVERSION: Conversion is a proposed change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to a condominium or a community apartment, regardless of the present or prior use of such lands and structures and regardless of whether improvements have been made or are to be made to such structures.

DEVELOPER: Developer is the owner or subdivider with a controlling proprietary interest in a proposed project.

OPEN SPACE: Open space on the project is that which complies with all provisions of the Zoning Ordinance related thereto.

ORGANIZATIONAL DOCUMENTS: Organizational documents are the declaration of covenants, conditions and restrictions, articles of incorporation, bylaws and any contracts for the maintenance, management, or operation of all or any part of a project.

PROJECT: Project is a condominium project or a community apartment project.

UNIT: Unit is the element of a condominium project which is not owned in common with the owners of other condominiums in the project or is an apartment in a community apartment project to which an owner of an undivided interest in common in a community apartment project has a right of exclusive occupancy.

(Ord. No. 2542, § 6(Exh. C), 10-14-24)

A. The requirements of this Article shall be in addition to all other provisions of this Chapter relating to the subdivision of land, and shall apply to condominiums, community apartments and conversions thereto, as follows:

1. Projects creating four (4) or fewer parcels require a tentative parcel map and a parcel map.

2. Projects creating five (5) or more parcels require a tentative map and a final map.

B. No building or buildings shall be permitted to be converted into a community apartment project nor into a condominium project unless such project shall contain five (5) or more units.

(Ord. No. 2542, § 6(Exh. C), 10-14-24)

The Director of Community Development, or their designee, shall administer the provisions of this Article.

(Ord. No. 2542, § 6(Exh. C), 10-14-24)

A. New construction or conversion of any structure to a project requires a condominium permit and compliance with the requirements of the underlying zoning district.

B. The Review Authority for a condominium permit is the Review Authority for the associated subdivision map.

(Ord. No. 2542, § 6(Exh. C), 10-14-24)

An application for a condominium permit shall be filed with the Community Development Department on the form established for this purpose. Applications for a condominium permit shall include at least the following information:

A. Boundary map, which shall show the existing topography of the site and the location of all existing easements, structures, trees and other improvements on the property.

B. Schematic plans, which shall consist of a site plan, grading plan, garage plan, typical floor plan, building elevations, landscaping plans, and other plans necessary to show the location of the common areas, all facilities and amenities to be located within said common area, and parking spaces. In addition to the foregoing, where the project involves the conversion of an existing structure to a condominium project or community apartment project, complete "as built" drawings shall be provided with color photographs showing the elevations of the project.

C. A copy of the draft organizational documents which, in addition to such covenants, conditions and restrictions which are, or may be, required by the Department of Real Estate of the State of California pursuant to Title 6 (Condominiums) of the Civil Code or other State laws or policies, shall include the following:

1. The method and manner of conveying units.

2. A plan for assignment of parking spaces, and management of common areas within the project.

3. A preliminary annual operating budget containing a sinking fund to accumulate reserve funds to pay for major anticipated maintenance, repair, or replacement expenses.

4. Rules and requirements for levying annual assessments upon units and their owners for maintenance and special assessments for capital improvements. Such rules and requirements shall include:

a. The amount of the regular annual assessment, and the procedure for its charge.

b. The manner in which special assessments shall 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 within the common area.

c. The method of collection of both annual and special assessments, which may be monthly without billing.

d. The remedies which the association may seek for nonpayment of assessments, including penalties for late payment.

5. Provisions empowering and requiring the association to be responsible for maintaining and landscaping of all common areas.

6. Provisions granting, authorizing and empowering the City to:

a. Determine that a special assessment is necessary to repair the common area, or any part thereof, to the general prevailing standard in the neighborhood; and to levy a special assessment on the individual units for such repairs, at the City's discretion. In furtherance of such grant, authority or power, the City shall have the authority to prorate such lien on each unit in the project in an amount equal to the cost of such repairs.

b. Perform any work at the City's discretion in the common area, or any part thereof, to bring the common area into compliance with applicable ordinances of the City in effect at the time such structure containing proposed units was constructed. Such authority shall include the right of the City to perform any work in the common area, or any part thereof, necessary to prevent the common area from becoming in violation of any ordinance of the City or from becoming in further violation of such ordinance.

7. A provision permitting the association at its discretion 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 any time thereafter.

(Ord. No. 2542, § 6(Exh. C), 10-14-24)

Each condominium project and each community apartment project shall contain the following:

A. Meter and Control Valves: Each unit within a project shall have a separate meter to register the consumption of gas, electricity and water within such unit so that each unit owner may be individually billed for such consumption. Upon application of the developer, the Review Authority may grant an exception to the foregoing requirement that each unit shall have a separate meter to register the consumption of water if it determines that any of the following exist:

1. The water for such project is to be heated by a solar energy system.

2. Energy savings will result from such solar energy system.

3. The project, or the property upon which it is located, is of such shape or size, or is so located, or is so affected by topographical conditions that it is impractical to use separate water meters.

B. Noise Insulation: Each project shall comply with the California Building Code, Section 1206 Sound Transmission relating to sound insulation for the buildings and structures therein.

C. Energy Insulation: Each project shall comply with the California Energy Code (Subchapter 10 Multifamily Buildings - Mandatory Requirements and Subchapter 11 Multifamily Buildings - Performance and Prescriptive Compliance Approaches) relating to energy insulation for the buildings and structures therein.

(Ord. No. 2542, § 6(Exh. C), 10-14-24)

In addition to all other provisions of this Article, an applicant for a condominium permit for a proposed conversion shall include in such application the following:

A. A property report describing the condition and useful life of the roof, foundations, paving, mechanical, electrical, plumbing, walls, floors, and structural elements of all existing buildings and structures. Said report shall also contain an evaluation of noise and energy insulation features of the building in comparison to current State regulations applicable to buildings and structures. Such report shall be prepared by a registered civil or structural engineer, architect, or a licensed general building contractor or general engineering contractor.

B. A structural pest control report prepared by a licensed structural pest control operator pursuant to Business and Professions Code Section 8516 relating to written reports on the absence or presence of wood-destroying pests or organisms.

C. Proof of compliance with all tenant notice requirements for conversion in Government Code Section 66427.1.

D. A report from the Building Department, Fire Department and Community Development Director or Zoning Administrator as to whether the project complies, and the extent or degree of compliance, with current provisions of the City's building regulations, fire codes and the Zoning Ordinance.

E. A report from the Building Department, Fire Department and Community Development Director or Zoning Administrator as to whether the project complies, and the extent or degree of compliance, with the provisions of the City's building regulations, fire codes and the Zoning Ordinance in existence as of the date of the issuance of the building permit for the construction of any building which is a part of such project.

F. As a condition precedent to issuance of a condominium permit, the applicant shall pay to the City a fee sufficient to compensate the City for all expenses incurred in administering the permit, and the reports specified in subsections D and E. The amount of this fee shall be set by resolution of the City Council.

G. Applications for variances, exceptions, exemptions, or other city permits as may be applicable to achieve compliance with this Chapter and City ordinances.

(Ord. No. 2542, § 6(Exh. C), 10-14-24; Ord. No. 2562, § 4(Exh. A), 7-27-26)

A. The Review Authority shall issue a condominium permit for a condominium project, only if the requirements of this Article and every applicable ordinance of the City has been complied with.

B. Exception for Condominium Conversion Projects: A condominium conversion project need only provide seventy-five percent (75%) of the current off-street parking and open space requirements applicable under current zoning.

C. Additional Findings for Approval of Condominium Conversion Projects: Prior to issuance of a condominium permit for a project which is a conversion, the Review Authority shall find (if applicable):

1. That all deficiencies of the City's building and fire regulations existing at the project have been or are conditioned to be corrected.

2. That all areas of the project that are damaged or infested as shown in the structural pest report have either been repaired or replaced or conditioned to be repaired or replaced.

3. That the property report submitted by the developer is accurate or that the developer has been required to amend such report if it finds that a statement contained therein is without foundation in fact.

4. That the project is consistent with the City's general plan.

(Ord. No. 2542, § 6(Exh. C), 10-14-24)

Any decision made by the Review Authority may be appealed in accordance with Section 30.13 of this Chapter.

(Ord. No. 2542, § 6(Exh. C), 10-14-24)