Part 3 — PROPERTY AND CODE REQUIREMENTS

Subject to the provisions of Section 20.170.240, to achieve the purposes of this chapter, all projects shall conform to the following development standards:

The consumption of gas and electricity within each unit shall be separately metered so that the unit owner can be separately billed for each utility. A water shut-off valve shall be provided for each unit or for each plumbing fixture.

Each unit shall have its own panel board for all electrical circuits which serve the unit.

Wall and floor-ceiling assemblies shall conform to the sound insulation performance criteria promulgated in Title 25, Chapter 1, Subchapter l, Article 4, Section 78, or its successor, of the California Administrative Code. Required existing floor covering may only be replaced by another floor covering that provides the same or greater insulation.

(Ords. 26248, 29312.)

A.

After reviewing the property and structural pest control reports required to be submitted pursuant to Section 20.170.220 and inspecting the structures situate within the project, the building official shall identify all items evidenced by such reports and/or inspection to be hazardous to the life, health, or safety of the occupants of such structure within the project or the general public. Each permit issued hereunder shall require all such items to be corrected to the satisfaction of the building official.

B.

The director shall certify that the proposed project complies with the applicable provisions of the City of San José housing code at the time of application and, in addition, that said project complies with the applicable provisions of the City of San José building code and Title 25, Chapter 1, Subchapter 1, Sections 26, 88, 110, and 112, or their successors, of the California Administrative Code relating to fire regulations in force and in effect at the time each existing structure was erected within said project. If said project does not comply with said codes and said fire regulations as hereinabove required, said director shall so advise the planning commission, or the city council on appeal, in writing.

(Ord. 26248.)

If the proposed project does not comply with the applicable provisions of Section 20.170.310 relating to compliance with the City of San José housing and building codes and said fire regulations, and/or the building official identifies items to be corrected as provided in Section 20.170.310, any conditional use permit issued pursuant to this chapter shall require the developer to furnish a bond in a penal amount equal to the reasonable estimated cost to bring the project into compliance with said codes, said fire regulations and/or such identified items to be corrected as provided in Section 20.170.310. Said bond shall run in favor of individual purchasers and the association. Said bond shall provide for reasonable attorney's fees in the event of default by the principal.

(Ord. 26248.)

A conditional use permit issued under this chapter for conversion to a project may be issued prior to the time items have been so corrected and/or such compliance has been made with the said codes and said fire regulations as hereinabove provided in Section 20.170.320, but such permit shall not become effective

unless and until such items have been so corrected and/or such compliance has been made, and each permit shall so provide.

(Ord. 26248.)

Without limiting the generality of the provisions relating to conditions which may be imposed on a conditional use permit issued under this title, the planning commission or city council may make any conditional use permit which may be granted under this chapter subject to a condition requiring recreational open space in a manner and to an extent it may deem reasonably necessary to secure the general purposes of this title.

(Ord. 26248.)