San Clemente Municipal Code Ch. 16.40 Condominium Conversions

A. Condominium Conversions Allowed. .....The maximum number of multi-family dwelling rental units that can be converted into condominiums is 25 units per calendar year, in accordance with the following:

1. No conversions shall be allowed at any time for multiple family rental units located within the Marblehead Inland, Rancho San Clemente, and Talega Specific Plan Areas.

2. In the event that fewer than the maximum number of units are converted in any given year, the surplus shall not be carried over to the following year.

This section shall not apply to condominium projects involving buildings which have not been previously occupied or buildings for which the City has not issued a final inspection or certificate of occupancy for a use other than condominiums by the date the City Council approves the tentative map.

B. Requirements for Conversion.

1. A tentative tract map shall be filed if the number of units proposed for conversion exceeds four units per Chapter 16.12. If the project is less than four units the parcel map procedure shall be followed per Chapter 16.08.

2. Parking shall be consistent with the present requirements of the district.

3. Density, where possible, should be brought into line with present zoning.

4. Modification or the addition of landscaping may be required.

5. Separate water meters shall be installed for each unit. At least one water meter shall be installed for any common areas.

6. Prior to the issuance of a certificate of occupancy pursuant to subsection D of this code, inspectors of the Community Development Department shall inspect each unit and verify that all requirements of subsection B of this section have been met.

C. Contingency Fund Deposits for Unit Developments, Time Share Uses or Projects, and Condominium Projects.

1. It is the intent of the City in requiring the creation of a contingency or reserve fund for condominium projects, time share uses or projects, or other forms of independently owned dwelling units having common areas, to provide a surety for emergency repairs or restoration of such common areas and exteriors of buildings in the interests of the economic, aesthetic and environmental betterment of the City, as well as to protect the general welfare. The City does not intend to intrude into those areas regulated by the Real Estate Commissioner pursuant to the laws of the state. The sole purpose of the City Council in requiring such funds is to preserve those interests as set forth hereinabove for the entire community of the City.

2. The subdivider is required to deposit with the homeowners' or occupiers' association's established fund the sum of two hundred dollars ($200.00) per unit in any planned unit development, condominium project, or time share use or project. Such deposit shall be used solely and exclusively as a contingency fund for emergencies which may arise relating to open space areas, exterior portions of dwelling units and such other restoration or repairs as may be assumed by the home owners' or occupiers' association or management corporation.

D. Certificate of Occupancy Required. .....In accordance with Section 306 and Section 502 of the Uniform Building Code, no building or project which has been converted to independent ownership of the units by means of a statutory condominium or subdivision of land shall be made available for sale until the Building Official has issued a certificate of occupancy therefor.

(Prior code § 35-30; Ord. 1304 § 8, 2005; Ord. 1447 § 1, 2007; Ord. No. 1565, § 1(Exh. A, § 20), 4-16-2013; Ord. No. 1803, § 4(Exh. A), 4-21-2026)

Editor's note— The provisions of this paragraph shall not apply to any condominium conversion for which a tentative map has been approved prior to January 21, 1981.