§ 15.12

Condominium ownership of property creates a unique distribution and/or aggregation of property rights and responsibilities among a number of persons, which is not inherent in other types of property ownership. It is recognized that the distribution and aggregation can result in a diminution of the rights and responsibilities. The purpose of this chapter is to set forth condominium development standards to insure that such a diminution does not occur and to:

(a)

Encourage quality development, which will not contribute to the deterioration of the neighborhood in which the condominium property is located or the community at large;

(b)

Encourage the provision of a variety of ownership types;

(c)

Encourage a development pattern based upon good land planning principles, including compatibility with the neighborhood in which the condominium property is located; and

(d)

Insure that the conversion of existing developments to condominium ownership be consistent with the protection of the health, safety and general welfare of the future occupants of the condominium and will not result in the depletion of valuable residential rental unit.

(Ord. 1787 § 1 (part), 2002).

(a)

All condominiums constructed or converted after September 5, 1974, shall comply with the provisions of this chapter prior to the sale of any condominium unit.

(b)

For the purpose of enforcing and implementing this chapter, the term "condominium" shall refer to the definition for "condominium," as provided for in Chapter 15.18 (Definitions) of this title. The term condominium shall be defined to include a community apartment project and stock cooperative.

(Ord. 1787 § 1 (part), 2002).

All condominiums of two (2) or more units shall be subject to planning commission approval of a tentative map filed in accordance with this title.

(Ord. 1787 § 1 (part), 2002).

All condominiums shall comply with the provisions of Title 14, Zoning, for the zoning district in which the condominium is located. In the event that development standards stated in Title 14 conflict with the development standards stated in this chapter, the more restrictive standard shall apply.

(Ord. 1787 § 1 (part), 2002).

(a)

For all condominiums, a property owners' association shall be established by recordation of the following:

(1)

Articles of incorporation of the association;

(2)

Declaration of covenants, conditions and restrictions (CC & Rs);

(3)

Bylaws of the association.

(b)

Included in the recorded documents specified in (a) above shall be provision for, at least, but not limited to, the following:

(1)

Any amendment or modification to the documents, as approved by the city, must have the approval of the city prior to completion of the amendment or modification.

(2)

Except where maintained by a public utility agency, all on-site property improvements, including common areas, vehicular accessways, sewers, storm drains, street lighting, and fire prevention water systems, shall be maintained at the full expense of the association. The city shall be responsible for maintenance of only those facilities located within a public right-of-way, which have been offered for dedication and accepted by the city.

(3)

In the event that the maintenance responsibilities of the association are not fulfilled, the city shall have the power to enforce such maintenance. In so doing, the city may enter and/or repair accessways and other improvements when necessary to protect the health, safety and general welfare of the citizens. The city shall have the right to recover all costs incurred by collection as a property tax assessment shared on a pro rate basis by all parcels or lots within the condominium development.

(4)

A sinking fund shall be established to the satisfaction of the city engineer for the maintenance and repair of all commonly owned structures, mechanical equipment, and open space and landscaped areas.

(5)

The purchaser of a condominium unit shall be informed in writing, prior to purchase, of insurance, which is unavailable as a result of condominium ownership. The association shall be responsible to facilitate insurability when necessary.

(6)

Each buyer shall sign an acknowledgement stating he or she has read the articles of incorporation, the bylaws of the property owners' association and the conditions, covenants and restrictions applying to the development.

(7)

The city shall not be party to or have any enforcement power over individual property owner compliance of the declaration of covenants, conditions and restrictions, including the by-laws of the association. Enforcement over violations of these recorded documents shall be the responsibility of the property owner's association.

(Ord. 1787 § 1 (part), 2002).

All residential condominium developments shall be designed to include the following recreational facilities:

(a)

Community center or recreational center buildings shall be provided within the development.

(b)

Bicycle and pedestrian paths shall be provided through the open, common areas of the development.

(c)

Common areas for outdoor, active and passive recreation shall be provided in central locations throughout the development.

For small residential condominium developments, these recreational facility requirements may be reduced or waived based on development size, location and physical property conditions. Should a waiver from these requirements be requested by the subdivider, an exception to the provisions of this title shall be filed and processed consistent with Section 15.01.120 of this title.

(Ord. 1787 § 1 (part), 2002).

15.12.070 - Noise attenuation, residential condominiums.

All condominiums shall meet the sound transmission control requirements of the Uniform Building Code.

(Ord. 1787 § 1 (part), 2002).

Applications for conversion of existing residential rental dwelling units to condominiums, community apartments or stock cooperatives shall comply with the following provisions of this chapter:

(a)

Rental Vacancy Factor. The city shall not approve any application for conversion of existing residential rental dwelling units to condominiums, community apartments or stock cooperatives when the citywide residential rental vacancy rate is less than five percent (5%).

(b)

Milestone for defining conversion for new residential development. For the purpose of interpreting the provisions of this chapter, new residential units intended for sale shall be required to secure tentative map approval for condominium subdivision prior to the issuance of a building permit for construction of the new residential development. All map applications for residential condominium subdivision filed after a building permit has been issued and construction on the new residential units has commenced, shall be considered a conversion and shall comply with the provisions of this section.

(c)

Conformance with local plans and ordinances. All developments proposed for conversion to condominiums shall fulfill all requirements of this chapter and conform to the general plan prior to the sale of any unit. No subdivision map entitling conversion to condominiums shall be approved unless the planning commission finds that the development meets all standards of the current codes and ordinances as they apply to new construction, except for such requirements which, by the provisions of Section 15.01.120 (Exceptions), the planning commission deems unnecessary to fulfill the objectives of this chapter.

(d)

Physical conditions report and inspections. All developments proposed for conversion to condominiums shall be subject to preconversion and postconversion inspections by the city of all physical property and building improvements. The findings of the preconversion inspection shall be written into a report to the planning commission. The physical conditions report shall evaluate and compare the condition of the physical improvements with the requirements of all current codes and ordinances. Physical improvements to be inspected shall include but not be limited to foundations, walls, ceilings, roofs, electrical systems, domestic and fire prevention water systems, sanitary sewer systems, storm drainage systems, vehicular accessways, public utilities, landscaping and irrigation systems, the condition of all exterior building materials, pest control and soils/geologic site conditions. The physical conditions report shall include recommendations for repair and/or improvements, as deemed necessary. Prior to approval or denial of the proposed conversion, the planning commission shall consider the findings of the physical conditions report and impose conditions for improvements, as recommended.

(e)

Information on Present Tenants. For all residential rental developments proposed for conversion to residential condominiums, the subdivider shall provide with the map application, a written report on the proposed conversion, which includes the following information:

(1)

Length of occupancy of present tenants;

(2)

Household composition of present tenants;

(3)

Current rents; whether rents include or exclude utilities, date and amount of last rental increase;

(4)

Nature of present lease agreements;

(5)

Approximate proposed sale price of units, expected monthly mortgage payments, association and expected financing available to buyers;

(6)

Statement of whether tenant occupancy is restricted by age;

(7)

A list of the names of all tenants and lessees of the existing structure, with a verified written statement that notice of the filing of the application for conversion has been given to each such tenant by mail.

The planning commission shall consider this information in its overall assessment of the proposed conversion and may disapprove a subdivision map if it finds the conversion will create undue hardships for existing tenants.

(f)

Required Notices to Existing and Prospective Tenants by Subdivider. Pursuant to Sections 66427.1, 66452.8 and 66452.9 of the Subdivision Map Act, the subdivider is required to provide the existing and prospective tenants with written notices during specific milestones in the conversion process. The form and content of this written notice shall be consistent with the format and content requirements set forth in Sections 66452.8 and 66452.9 of the Subdivision Map Act.

(g)

Required Notice of Public Hearing to Existing and Prospective Tenants by City. The notice of public hearing required per Section 15.02.060 of this title for a tentative map application shall be provided to the existing and prospective tenants.

(h)

Moving Expenses. The subdivider shall provide relocation assistance to displaced households consistent with the requirements of Section 14.16.279 of this Code.

(i)

Compliance with Specific Physical Standards. Residential developments proposed for conversion to condominium, community apartment or stock cooperative shall be required to comply with the following physical standards:

(1)

Compliance with all building regulations set forth in the latest version of the Uniform Building Code (UBC), as adopted by the city;

(2)

Provisions for fire protection and prevention, as required by the fire chief. Fire protection and prevention measures shall include, but not be limited to, the installation of smoke detectors and the installation and/or updating of fire protection systems, such as interior sprinkler systems;

(3)

Installation of separate gas and electric utility meters for each residential unit;

(4)

Each unit shall be provided with a laundry area sized to accommodate a private washer and dryer. A common laundry area can be provided as an alternative or supplement, provided that this area is sized to accommodate one washer and one dryer for every five (5) residential units;

(5)

On-site recreation facilities and noise attenuation measures shall be required, pursuant to Sections 15.12.060 and 15.12.070, respectively, of this chapter.

(j)

Declaration of Covenants, Conditions and Restrictions (CC & Rs). CC & Rs shall be prepared and submitted, pursuant to the provisions of Section 15.13.05(a)(2) of this chapter.

(k)

Establishment of Budget and Sinking Fund. The subdivider shall submit a detailed budget prepared by a certified accountant, which outlines the estimated, annual operational expenses of the condominium development. The budget shall be prepared showing the first five (5) years of operation following conversion. The subdivider shall be required to provide a sinking fund, which is to ensure funding of the budget for this first five-year period of operation.

(1)

Provisions for Park Dedication Fees. All developments proposed for conversion to condominiums shall be subject to: (1) property development excise tax, Ordinance No. 1110; and (2) unless exempt per Section 15.09.070(c) of this title, a park dedication in-lieu fee, as required and determined by Chapter 15.09 of this title. Developments for which taxes and fees have been paid prior to conversion shall not be subjected to double payment.

(m)

Provisions for Below Market Rate Housing. All residential developments proposed for conversion to condominium, community apartment or stock cooperative shall be subject to the city's affordable housing requirements established in Title 14 (Zoning).

(Ord. 1844 § 1 (part), 2006; Ord. 1838 § 59, 2005; Ord. 1787 § 1 (part), 2002).

(Ord. No. 1880, § 20, 3-1-10)

Chapter 15.13 - REVERSION TO ACREAGE