Richmond Municipal Code Art. 15.04.711 Common Interest Development

A. Purpose. The purpose of this section is to establish development and design standards, procedures and required findings for new condominiums, stock cooperatives, community apartments, or any other subdivision of community owned property to prevent problems inherent in community ownership that might be detrimental to the health, safety, and welfare of residents of such projects and the community at large. More specifically, the purposes of this section are to:

1. Ensure that new condominiums meet sound construction criteria required under state and local regulations, that reasonable amenities are provided to condominium residents, and that the character of condominium projects is compatible with nearby structures;

2. Promote the creation of condominium projects to provide a reasonable balance of rental and ownership housing in Richmond and meet the variety of housing needs for all income groups in the city; and

3. Protect the interest of condominium homeowners under the special conditions created by condominiums by ensuring adequate provision for long-term management.

B. Development Standards. In addition to the development standards established in the Zoning Ordinance, the following development standards apply to common interest developments:

1. Laundry Facilities. All units shall be equipped with space and outlets for washers and dryers.

2. Open Space. Total usable open space in a common interest development having three or more dwelling units shall be at least 200 square feet per dwelling unit. This requirement shall be met by providing Private Open Space, Common Open Space, or a combination of the two.

3. Private Open Space. Private Open Space must be located within the project, directly accessible from one unit, and separate and distinct from Common Open Space.

a. Qualifying Facilities. Private Open Space may include but not necessarily be limited to decks, balconies, porches, patios and enclosed yards.

b. Standards. Private Open Space must have minimum dimensions no less than six feet when a horizontal rectangle is inscribed within it; have at least two weatherproofed electrical outlets; and be at approximately the same level as, and immediately accessible from, a room within the unit.

4. Common Open Space. Common Open Space must be located within the project, and accessible to all dwelling units that it is designed to serve. Common Open Space may not include driveways and parking areas. It must be located at least 15 feet from any door or window of any dwelling unit.

a. Permitted Accessory Structures. Accessory structures within Common Open Space may include but are not limited to benches, tables and BBQ structures.

b. Standards. Common Open Space must be designed for the leisure use by all residents; have minimum dimensions of no less than 10 feet when a horizontal rectangle is inscribed within it; and be open to the sky.

5. Recreational Open Space.

a. Requirement. In addition to the Private and Common Open Space requirements above, a project of 25 units or more shall provide at least one element of Recreational Open Space. For projects of 100 or more units, a multi-purpose or recreation room shall be provided.

b. Location and Access. Recreational Open Space must be located within the project, and accessible to all units of the project. Any Recreational Open Space element must be located at least 15 feet from any door or window of a dwelling unit.

c. Qualifying Facilities. Recreational Open Space must be designed for active use by all residents, and may include but is not limited to game courts, recreational rooms, swimming pools, garden roofs, sauna baths, putting greens, or play lots.

6. Modification of Open Space Requirement. The Open Space requirements above may be modified by the Planning Commission, based on findings that a project site is physically constrained, or that the quality of life accommodated by the project will not be compromised, or that the residents will benefit from other amenities that are located in close proximity to the project site.

7. Guest Parking. A minimum of one on-site visitor parking space shall be provided for every three units in low density residential neighborhoods, as designated in the General Plan. The Planning Commission may waive up to five percent of the resident and guest parking ratio requirement, based upon a finding of unique circumstances of the site, location or occupancy of the project. In no case shall requirements established in the Zoning Ordinance for assigned resident spaces be waived.

8. Storage Space. Each unit shall have a minimum of 200 cubic feet of Storage Space that is enclosed, weatherproofed and lockable, with no less than a horizontal surface area of 25 square feet, and an interior dimension of 3½ feet. If the space is a reach-in type, it shall have an opening of 3½ feet by six feet. If the space is a walk-in type, it shall have a minimum clear access opening of 2½ feet by 6⅔ feet. This Storage Space shall be in addition to guest, linen, food pantry, and clothes closets that are customarily provided in each unit. In addition, Storage Space:

a. May be provided in any location that is safe, convenient, and unobtrusive, but shall not be divided into two or more locations; and

b. If located within a Common Area, the Condominium Owners' Association shall be responsible for the care and maintenance of the exterior surface of the space.

9. Trash and Recycling Collection Areas. Trash and recycling collection areas shall be provided within 250 feet of the units they are designed to serve, and shall comply with the Central Contra Costa Sanitary District's specifications for trash enclosures.

10. Utilities. All utility meters and other utility apparatus shall be concealed from public view.

11. Budget for Maintenance. Copy of the approved proposed budget for maintenance and operation of common facilities, plus reserves, including the estimated monthly costs to the owner of each unit, projected over a five-year period. Such budget shall be reviewed or prepared by a professional management firm familiar with costs of similar properties, or by other qualified professional, and that firm or person shall provide a statement of recommendations on the budget, together with a statement of professional qualifications.

12. Warranties. The developer shall provide to the Condominium Owners' Association the following minimum warranties from the date of Final or Parcel Map approval, unless otherwise specified:

a. Roof and Exterior Finish. A five-year warranty that all roofs and exterior finishes have been repaired as is necessary to ensure weatherproof conditions.

b. Moisture Barriers. A five-year warranty that moisture barriers are sufficient to prevent collection of moisture on the ground under the buildings.

c. Paved Areas. A five-year warranty of a useful life for all paved areas within the project.

d. Swimming Pools. A five-year warranty of structural soundness.

e. Appliances. A one-year warranty at the close of escrow on any fixed appliances appurtenant to each unit.

f. Condition of Equipment Owned in Common. A one-year warranty at such time as escrow has closed on the sale of 51 percent of the units that all appliances and mechanical equipment to be owned in common are in operable working condition. The developer shall be responsible to maintain any appliances and mechanical equipment prior to the time that 51 percent of the units are sold.

g. Reserves. The developer shall establish the following minimum reserves prior to issuance of the first certificate of occupancy. One fund in the name of the Association shall be earmarked for long-term reserves for capital maintenance replacement, and shall be equal to two times the estimated monthly assessment for each dwelling unit. A second fund, established through cash deposit or bond, equal to $500 for each dwelling unit in the project, shall provide minimum security for the various warranties required by this subsection. Such fund shall be maintained for the maximum period of the warranties.

C. Contents of the Covenants, Conditions, and Restrictions (CC&Rs). Project covenants, codes, and restrictions (CC&Rs) shall be developed, and shall be reviewed and approved by the City Attorney and Zoning Administrator prior to approval of the Final or Parcel Map. In addition to the following provisions, the CC&Rs shall reference by incorporation the approved Conditions of Approval, and shall be recorded in conjunction with the Final or Parcel 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 patio, deck, balcony, solarium, or atrium and any integral portion of that space that 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 Storage Space. The surface and appurtenant air space of Storage Space areas shall be described and conveyed in the declaration as an integral part of the unit.

3. Assignment and Use of Required Parking Spaces. Required parking spaces shall be permanently and irrevocably specifically assigned to particular units within the project. To the maximum practicable extent, the spaces assigned to each unit shall be contiguous. In no case shall the private storage area of one unit overhang or take its access from the required parking space of another unit. All units shall be assigned at least one parking space and may rent additional spaces from the Association. All parking spaces shall be used solely for the purpose of parking motor vehicles as defined by the California Vehicle Code, and shall not be used for trailers, unmounted campers, boats, or similar recreational vehicles.

4. Right of Public Entry to Common Area. Officers, agents, and employees of the city, the county, the state, and the United States Government, and any department, bureau, or agency thereof, shall have the right of immediate access to all Common Areas at all times for the purpose of preserving the public health, safety, and welfare, except in those instances where a Common Area is accessible only through a private unit.

5. Maintenance of Common Area. Provision 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. Both annual and special assessments may be collected on a monthly basis. The remedies that the Association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment. Assignment of the maintenance responsibilities of all improvements and utility systems for each unit shall be specified.

6. Sharing of Water Costs. When separate water meters are not provided for each unit, the CC&Rs shall make provisions for the equitable sharing of water costs.

7. Utility Easements over Private Streets and Other Areas. Required public utility easements shall be referenced and any required access routes necessary to assure that firefighting equipment can reach and operate efficiently in all areas shall be provided.

8. Access for Construction, Maintenance, or Repairs. Each Owner of a Condominium Unit and the Condominium Owners' 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.

9. Right to Terminate Management and Maintenance Contracts. Unless otherwise prohibited by law, or any local, state, or federal regulation, reference shall be made to the Association's right to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three months after the Association assumes control of the project, or at that time renegotiate any such contracts.

10. CC&R Amendments. A statement that the CC&Rs shall not be amended, modified, or changed without first obtaining the written consent of the City.

A. Purpose. The purpose of this section is as follows:

1. To regulate and control the conversion of residential rental property to condominiums and other community housing;

2. To implement the goals and policies of the General Plan;

3. To implement and supplement the provisions of the state Subdivision Map Act;

4. To prohibit the conversion of residential rental property to condominiums and other community housing when, after conversion, the project will consist of fewer than five units.

B. Conversion Defined. "Conversion" means a proposed change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, from residential rental property to a condominium project or community apartment project containing five or more units, regardless of whether substantial improvements have been made to such structures.

C. Tenant Notifications—By Subdivider.

1. The subdivider shall give written notice of intention to convert at least 60 days prior to the filing of a tentative map to each tenant of the property to be converted.

2. The subdivider shall give written notice, commencing at a date not less than 60 days prior to the filing of a tentative map, to each person applying after such date for rental of a unit of the property to be converted immediately prior to the acceptance of any rent or deposit from the prospective tenant by the subdivider.

3. The subdivider, if a public report is required by the California Department of Real Estate, shall give written notice to each tenant of the property to be converted, at least ten days prior to final city action on the related final map, that an application for a public report will be or has been submitted to the California Department of Real Estate, and that such report will be available on request.

4. The subdivider shall give written notice to each tenant within ten days of approval of a final map for the proposed conversion.

5. The subdivider shall give at least 180 days' written notice to each tenant of subdivider's intention to convert prior to termination of tenancy due to the proposed conversion.

6. The subdivider shall give each tenant written notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, or for a similar period following final city approval of the related map, unless the tenant gives prior written notice of his or her intention not to exercise the right.

7. The written notices referred to above shall be deemed satisfied if they comply with the legal requirements of service by mail.

8. Immediately following the giving of the above notices, subdivider shall furnish the Director with evidence sufficient to demonstrate that the required notices have been properly and timely given.

D. Tenant Notification—By City.

1. The City shall give at least ten days' written notice to each tenant of the date, time, and place of any public hearing held by the Planning Commission on the tentative map or tentative parcel map.

2. The City shall serve a copy of any report or recommendation on a tentative map by the Planning Division staff on the subdivider and on each tenant of the subject property at least three days prior to any hearing or action on such map by the Planning Commission or City Council.

3. The City shall mail notice to each tenant of the subject property at least three days prior to any hearing upon an appeal filed on Planning Commission action with respect to a tentative map regarding conversion.

4. The written notices referred to above shall be deemed satisfied if they comply with the legal requirements of service by mail.

E. Tentative Map and Tentative Parcel Map Requirements. In addition to other information required by this Ordinance, and the information and notices required by this section, the tentative map or tentative parcel map application shall be accompanied with the following information:

1. A current list of the names, ages and addresses of all tenants of the property proposed to be converted. This list must be kept current and accurate at all times during the conversion process;

2. A report prepared and signed by both a California licensed general contractor and a registered civil engineer on the physical condition of the structure, or structures to be converted containing the following:

a. Describe the condition and useful life of the roof and foundations, and the mechanical, electrical, plumbing and structural elements of all existing structures on the property,

b. Describe and rate existing condition of insulation surrounding each unit for fire safety and noise ratings, and

c. Estimate future property maintenance costs;

3. A structural pest report prepared and signed by a licensed pest control operator, conforming to California Business and Professions Code Section 8516;

4. Five copies of accurately drawn floor plans and plot plans showing what the project will be like after conversion;

5. Any additional information which the Director of Planning and Building Services or Director of Engineering and Capital Improvement Projects may require to determine whether the project is consistent with the goals and policies of the General Plan and this Ordinance.

F. Action on Tentative Maps and Tentative Parcel Maps. No tentative map or tentative parcel map shall be approved and no building permit shall be issued unless the appropriate approving body makes the following findings:

1. Each unit shall be provided with private open space or shall have access to common area open space areas meeting the requirements of the zoning district in which the project is located.

2. Each dwelling unit shall be separately metered for gas and electricity.

3. Each dwelling unit in a structure to be converted will, after conversion, conform to the minimum requirements of the building code of the City of Richmond and all applicable state codes in effect at the time of filing a complete application for conversion.

4. Each unit shall have at least 200 cubic feet of enclosed weatherproofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Planning Division, but shall not be divided into more than two locations.

5. Either a laundry area in each unit or common laundry areas shall be provided; provided such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof.

6. A landscape plan, including an irrigation system, has been submitted to and approved by the city's department of recreation and parks.

7. Permanent on-site parking will be provided which meets the minimum requirements of the zoning district within which the project is located.

8. Approval of the conversion will not be inconsistent with the goals and policies of the General Plan.

9. After conversion, no access from one unit to another unit in the attic area above units will be possible.

G. Conversion Application Form and Fees. The Director of Planning and Building Services may develop a conversion application form to assist with the implementation and administration of this section and shall charge all applicants fees therefor as set forth in a resolution adopted by the City Council.

H. Moving Expenses and Rental Payments.

1. Failure of the subdivider to give the required notice shall not be grounds to deny a conversion. However, if such notice is not given, the subdivider shall pay to each prospective tenant who becomes a tenant and who was entitled to such notice, and who does not purchase his or her unit pursuant to this section, an amount equal to the sum of the following:

a. Actual moving expenses incurred when moving from the subject property, and

b. The first month's rent on the tenant's new rental unit, if any, immediately after moving from the subject property, but not to exceed two times the tenant's monthly rental rate immediately prior to moving.

2. The subdivider shall provide moving expense assistance to displaced rental housing tenants who are residents at the time of delivery of the notice of intent to convert, the amount of which shall not be less than two times the monthly rental rate of the unit in effect at the time of vacation of said unit.

I. No Sales Before Project Conversion Completed. No unit in a project may be sold until after the entire project covered by the final map has been converted and all requirements of this article implemented or bonded in compliance with all requirements of this section and the Director of Engineering and Capital Improvement Projects so certifies.

J. Condominium Owner's Association and Restrictions.

1. The subdividers shall form a condominium owner's association prior to assumption of project management by the association.

2. The covenants, conditions and restrictions (CC&Rs) for the conversion project shall provide for ownership and maintenance of all project and common area improvements.

3. The subdivider must contract with a professional management firm for a period of at least one year from the date that the owners comprise the majority of the board of directors of the Association to manage the project and advise the Association.

4. Prior to approval of the final map, the subdivider shall provide the Director of Planning and Building Services with evidence of establishment of a fund in the name of the Association. Such fund shall be earmarked for long-term revenues for replacement of common area improvements and shall be equal to not less than 100 dollars for each dwelling unit or whatever higher amount may be required by the California Department of Real Estate.

5. The CC&Rs shall state that discrimination against families with children is prohibited unless the entire project is exclusively established and maintained for persons sixty-two years of age and older.

K. Warranty to Purchasers/Condominium Owner's Association. A warranty granting to each purchaser a one-year warranty on all appliances installed in his or her unit, and further granting to the Association and to all purchasers of individual units a five-year warranty on all structures in the project and on all electrical, heating, air conditioning, plumbing, ventilation equipment, roofing, elevators and exterior covering.

L. Rent Increase Limitation. Upon filing an application for conversion with the City, a tenant's residential rent shall not be raised by more than the amount of 100 percent of the change in the Consumer Price Index—rental component for the San Francisco-Oakland SMSA for the previous twelve-month period prior to filing. The rental increase limitation is cumulative within each successive twelve-month period and shall apply to subleased units.

M. Temporary Relocation. In the event that any tenant or renter of a unit enters into a written agreement with the subdivider to purchase their unit once it has been converted and is thereafter required to temporarily vacate or is temporarily displaced from said unit because the subdivider is renovating or effecting certain structural modifications to comply with the subdivider's plans or the City's requirements, the subdivider shall be responsible for:

1. Finding suitable temporary replacement housing for such tenant and, if the monthly rent is higher for the replacement housing than for the unit vacated, pay the difference in such monthly rent; and

2. Paying such tenant's actual moving expenses in temporarily moving from said unit and moving back into the unit when the renovation or structural modifications have been completed and approved by the city.

N. Right to Cancel Purchase Agreement. The subdivider shall provide a written 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 to the subdivider within five days after they sign a purchase agreement.