§ 12.40

Residential condominium projects differ from other residential subdivisions in numerous respects, particularly as to development standards and ownership of individual units and jointly held common areas. The purpose of this chapter is to address the special attributes of condominium subdivisions and to adopt development standards which will protect both the community and the purchasers of condominium dwelling units. The conversion of apartments to condominiums is governed by chapter 12.41, Residential Condominium Conversions.

(Ord. 1117 § 2 Exh. A.A, 2008: Ord. 934 C.S. § 1 (part), 1996: prior code § 12-10.101)

"Condominium" is defined, in accordance with Civil Code Section 783, to be an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial or commercial building on such real property, such as

an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-10.102)

In addition to standards applicable to regular subdivisions, no new condominium project or portion thereof shall be approved unless the following items have been submitted with the tentative map and approved by the City:

(a)

A development plan of the project including location and sizes of structures, parking layout, access areas, and exterior elevations;

(b)

A preliminary landscaping plan of the project indicating types and sizes of landscaping materials and permanent irrigation facilities, prepared by a person licensed to prepare such plans by the State of California;

(c)

A preliminary lighting plan of the project indicating location and nature of lighting and lighting fixtures in common areas;

(d)

The proposed condominium documents, including those portions of the covenants, conditions, and restrictions that apply to the conveyance of units, the assignment of parking and the management and maintenance of common areas and improvements; and

(e)

Such other information which the Department determines is necessary to evaluate the proposed project.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-10.103)

A condominium subdivision map may be approved, conditionally approved, or denied, based upon an evaluation of the proposed condominium plan in relation to the following criteria:

(a)

Architectural and site design. Architectural evaluation shall include, but not be limited to, the following:

(1)

The general appearance of the proposed development shall contribute to the orderly and harmonious development of the community as a whole;

(2)

The design of all exterior surfaces of the buildings shall create an aesthetically pleasing project;

(3)

Consideration shall be given to the appearance of garages when viewed from outside the subdivision; and

(4)

General architectural and site considerations, including site layout, topography, open space, location of buildings, access, circulation, colors, building materials, screening, lighting and signing and similar elements have been designed to provide a desirable environment.

(b)

Environmental preservation. The design, location and orientation of all buildings shall be arranged to preserve natural features by minimizing the disturbance to the physical environment. Natural features such as trees, waterways, historic landmarks, or slopes shall be delineated in the development plan and considered when planning the location and orientation of buildings, open spaces, underground services, walks, paved areas, play areas, parking areas, and finished grade elevations.

(c)

Landscaping.

(1)

All setback areas fronting on or visible from an adjacent public street, and all recreation, leisure and open space areas shall be landscaped in an attractive manner and provided with a method for the maintenance thereof.

(2)

Decorative design elements such as fountains, pools, benches, sculpture, planters, exterior recreational facilities, and similar elements may be permitted providing such elements are incorporated as a part of the landscaping plans, except where otherwise prohibited.

(3)

Permanent and automatic irrigation facilities shall be provided in all planted landscaped areas.

(4)

Landscaping shall consist of twenty (20%) percent of the net developable area. The net developable area shall exclude dedicated or proposed dedicated public right-of-way.

(d)

Lighting. The subdivider shall install an on-site lighting system on all vehicular access ways and along major walkways. Such lighting shall be directed onto the driveways and walkways within the development and away from the adjacent properties. Lighting shall also be installed within all covered and/or enclosed parking areas.

(e)

Lot coverage. Lot coverage shall conform to the zoning regulations for the zoning district in which the condominium is proposed.

(f)

Open space. Total usable open space on a site having three (3) or more dwelling units shall be at least 200 square feet per dwelling unit. This requirement shall be met by providing private open space, shared open space or a combination of the two (2).

(1)

Private open space. To satisfy the open space requirement, private open space must be on a patio or balcony, within which a horizontal rectangle inscribed within it has no dimension less than six (6′) feet.

(2)

Shared open space. To satisfy the open space requirement, shared open space must be provided by interior side yards, patios, and terraces, each designed so that a horizontal rectangle inscribed within it has no dimension less than ten (10′) feet. The open space must be open to the sky (except for a trellis or other outdoor enhancement), and may not include driveways or parking areas, or area required for front or street side yards.

Common open space areas shall be designed and located within the project to afford use by all residents of the project. These common areas may include, but are not limited to: game courts or rooms, swimming pools, garden roofs, sauna baths, putting greens, or play lots. Active recreation and leisure areas, except those located completely within a structure, used to meet the open space requirement shall not be located within fifteen (15′) feet of any door or window of a dwelling unit.

(g)

Minimum parking requirements. Parking shall be provided as required by the zoning regulations for townhouse and condominium projects.

(h)

Trash and recycling collection area.

(1)

Refuse storage areas shall be enclosed within a building or screened on all sides by a covered, solid masonry enclosure tall enough to screen the containers. Materials other than masonry may be used when specifically approved by the Department when it finds that due to extenuating circumstances regarding

location, such as the proximity to underground utilities, the footing for masonry construction would be a detriment to such utilities. This requirement does not apply to a duplex.

(2)

Trash and recycling collection areas shall be provided within 250 feet of the units they are designed to serve.

(3)

Access gates or doors to any trash area, not enclosed within a building, are to be of opaque material.

(4)

The storage area shall comply with the City's stormwater management requirements.

(i)

Utilities.

(1)

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

(2)

For water conservation, each dwelling unit shall have its own water meter, or sub-meter billed through the homeowners association. If any unit has automatic watering of its own landscaping, that water shall be on the same meter as that of the unit (rather than on a common area meter).

(3)

Before recording a final map, the subdivider shall underground any overhead utilities.

(4)

All roof and ground-mounted utilities (and mechanical units) shall be screened from public view, to the satisfaction of the Director.

(j)

Laundry facilities. A laundry area shall be provided in each unit unless the City Council approves a common laundry area. If a common laundry area is provided, it shall consist of not less than one automatic washer and one automatic dryer for each five (5) dwelling units or fraction thereof.

(k)

The width of the public rights-of-way and roadway of the street(s) abutting the property shall conform to the minimum standard of the Roadway Master Plan.

(l)

Connectivity. Wherever possible, as determined by the Director, vehicular and pedestrian connections shall be made to adjacent sites and the public right-of-way.

(Ord. 1117 § 2 Exh. A.B, 2008: Ord. 934 C.S. § 1 (part), 1996: prior code § 12-10.104)

A condominium project shall be subject to the structural requirements contained in Title 9, Building Regulations, of the Municipal Code.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-10.105)

12.40.060 - Other requirements.

(a)

Storage space—private.

(1)

Where the proposed units are to be constructed with other than an attached garage unit for each dwelling unit, a minimum of two hundred (200) cubic feet of storage space shall be provided outside the dwelling unit for each such unit.

(2)

Such storage space shall have a minimum horizontal surface area of twenty-four (24) square feet of enclosed, lockable storage space.

(b)

Circuit breakers. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. Such panel shall be accessible without leaving the unit, except for townhouse units.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-10.106)

(a)

Building inspection and fees shall be in accordance with Title 9, Building Regulations.

(b)

Inspection and fees for required public and private street and utility improvements shall be in accordance with other applicable sections of this title.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-10.107)

12.40.080 - Non-compliance with minor requirements, findings.

A condominium project which does not comply with one or more minor site requirements of section 12.40.040 or other minor requirements of section 12.40.060, may be approved by the City Council where the City Council makes a specific finding that there are unusual circumstances regarding the development's location, site or configuration, that the project otherwise complies with both the development standards and the development criteria, and that there are mitigating features incorporated in the project which further the express intent and purpose of City housing and other policies.

(Ord. 1055 § 1, 2003)

Chapter 12.41 - RESIDENTIAL CONDOMINIUM CONVERSIONS

Sections:

12.41.010 - Purpose—Applicability.

(a)

Purpose. The purpose of this chapter is to:

(1)

Establish criteria for the conversion of existing multiple-family rental housing to a condominium;

(2)

Promote home ownership and increase the amount of owner-occupied housing affordable to households with a wide range of incomes in the community;

(3)

Ensure that converted housing achieves a quality, well-maintained appearance, is safe, and is consistent with the goals of the City;

(4)

Provide a reasonable balance of ownership and rental housing and a variety of choices of tenure, type, price and location of housing;

(5)

Maintain a supply of rental housing for low-income and moderate-income persons;

(6)

Reduce the impact of conversion on residents in rental housing who may be required to relocate due to the conversion of apartments to condominiums by providing procedures for notification and adequate time and assistance for such relocation; and

(7)

Assure that purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase.

(b)

Applicability. This chapter applies to a new residential condominium conversion and to any previously approved residential condominium conversion that is not vested by the recording of both: (1) a recorded condominium map and (2) a currently valid public report from the California Department of Real Estate.

(Ord. 1117 § 3 Exh. B (part), 2008)