Chapter 17.34 — CONDOMINIUMS, COMMUNITY APARTMENT PROJECTS AND COMMON GREEN SUBDIVI

In addition to all other requirements of the Subdivision Map Act and Section 783 of the Civil Code of the state, the provisions of this chapter shall apply to condominiums, community apartment projects and common green subdivisions in the city.

(Ord. 687 Exh. A (part), 2006: Ord. 456 § 321-1, 1981)

The provisions of this division of this title shall apply to all tentative maps submitted in connection with any condominium, community apartment project or common green subdivision, which provisions shall also apply regardless of the number of units of land or air space proposed to be created. Additionally, the following information shall be submitted with a tentative map of any condominium:

A.

A condominium plan containing a graphic and written description of the number of units into which the air space is to be divided including its dimensions, elevations and relationship to each other;

B.

A draft of any association papers;

C.

A comprehensive development plan which shows clearly the following:

1.

The location of all walkways, driveways, landscaped open areas, accessory buildings and structures, and all other physical features of the site and their dimensions,

2.

All parking spaces both in open areas and in covered spaces, including all dimensions,

3.

A grading and landscaping plan indicating mounding, on-site drainage, irrigation and landscape. Locations giving botanical names, sizes and number of plans or flats when not individually shown,

4.

All exterior lighting facilities for the site,

5.

All areas provided for trash collection,

6.

All fences, walls, hedges and similar devices and their materials,

7.

Any other information required by the planning director.

(Ord. 687 Exh. A (part), 2006: Ord. 456 § 321-2, 1981)

The following design standards shall apply in addition to those required by this division of this title and the city code for all condominiums, community apartments and common green subdivisions:

A.

All private streets, driveways and parking areas for the project shall be improved and constructed with a structural section in accordance with the standards of the city and shall be designed to ensure that access for municipal services will not be denied any dwelling unit therein by reason of deteriorated or impassable private streets, driveways and parking areas.

B.

Sewage collection and water distribution lines on private property in common ownership shall be covered by the following requirements:

1.

All lines to be owned and maintained by the corporation shall be constructed to a city standard specification for public works. Water metering and billing shall be provided at each individual unit as well as a master meter or meters for the site. A sewer lateral shall be provided to each individual unit.

2.

All lines to be owned and maintained by the city shall be placed in the necessary public utility easements acceptable to the city engineer and running throughout the project.

C.

A map of a condominium project, a community apartment project, or of the conversion to a stock cooperative project need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided unless it is deemed germane to the authorization or approval of the project. Fees and lot design requirements shall be computed and imposed with respect to such maps on the basis of parcels or lots of the surface of the land shown thereon as included in the project. Nothing in this chapter shall be deemed to limit the power of the city to regulate the design or location of buildings in such a project by or pursuant to Title 18 of this code.

(Ord. 687 Exh. A (part), 2006: Ord. 456 § 321-3, 1981)

17.34.040 - Findings required for conversion approval.

The city council shall not approve a final map for the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it finds all of the following:

A.

Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has received, pursuant to Section 66452.9 of the Subdivision Map Act, written notification of intention to convert at least sixty days prior; to the filing of a tentative map. There shall be a further finding that each such tenant, and each person applying for the rental of a unit in such residential real property has, or will have, received all applicable notices and rights required by this chapter or Chapter 3 (commencing with Section 66451) of the Subdivision Map Act as of the adoption of the ordinance codified in this division or thereafter. In addition, a finding shall be made that each tenant has received ten days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available on request. The written notices to tenants required by this subsection shall be deemed satisfied if such notices comply with the legal requirements for service by mail;

B.

Each of the tenants has been, or will be, given written notification within ten days of approval of a final map for the proposed conversion;

C.

Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has been, or will be, given one hundred eighty days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subsection shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including but not limited to the provision of services, payment of rent or the obligations imposed by Sections 1941, 1941.1 and 1941.2 of the Civil Code;

D.

Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has been, or will be, given notice of an exclusive right to contract to 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, unless the tenant gives prior written notice of his or her intention not to exercise the right.

E.

The noticing requirement shall be in accordance with and in the form required by the provisions of the Subdivision Map Act and such notices shall be inspected and approved by the planning director as to their conformity to the Subdivision Map Act prior to authorization to perform such noticing.

(Ord. 687 Exh. A (part), 2006: Ord. 456 § 321-4, 1981)

Chapter 17.36 - APPEALS

17.36.010 - From subdivision review board.

The applicant may, within ten days, appeal from any action of the subdivision review board with respect to maps under this division of this title and to the city planning commission. The planning commission shall hear the matter within thirty days of the appeal. The planning commission shall hear the matters within thirty days of the appeal. The planning commission may adopt, amend or set aside the board's recommendation.

(Ord. 486 § 1(part), 1983: Ord. 456 § 331-1(a), 1981)

17.36.020 - From planning commission—Maps.

The applicant may within ten days appeal from any action of the planning commission with respect to maps under this division of this title to the city council, as provided by Government Code Section 66452.5. Such appeal and the hearing thereon shall be conducted in the manner provided by Government Code Section 66452.5(a) and (b).

(Ord. 486 § 1(part), 1983: Ord. 456 § 331-1(b), 1981)

17.36.030 - From planning commission—Generally.

Any interested person adversely affected by a decision of the planning commission may file and appear with the city council concerning such decision. Any such appeal shall be filed within ten days of the date of the planning commission decision stating the reasons for the appeal. The appeal shall be considered by the city council at their next regular meeting and shall reject the appeal or set the matter for public hearing pursuant to Government Code Section 66452.3. If the city council rejects the appeal, the applicant shall be notified of such action in writing.

(Ord. 486 § 1(part), 1983: Ord. 456 § 331-1(c), 1981)

17.36.040 - From planning director.

Any applicant adversely affected by a decision of the planning director may file an appeal with the planning commission concerning such decision. Any such appeal shall be filed within ten days of the director's decision with the city clerk. The planning commission shall hear the matter within thirty days of the appeal. The planning commission may adopt, amend or set aside the decision of the planning director.

(Ord. 486 § 1(part), 1983: Ord. 456 § 331-1(d), 1981)

17.36.050 - Fee.

A fee is required for filing any such appeal as established by resolution of the city council.

(Ord. 486 § 1(part), 1983: Ord. 456 § 331-1(e), 1981)

Chapter 17.40 - ADMINISTRATION