Chapter 18.100 — Common Interest Developments and Common Interest Development Conver

This Chapter establishes requirements for applications for the creation of a common interest development simultaneously with the construction of a new structure, and the conversion of an existing structure to a common interest development, consistent with the requirements of the Map Act.

The provisions of this Chapter apply to all common interest developments, including community apartment projects, condominiums, townhouses and townhomes, planned developments, stock cooperatives, etc. As a type of real property ownership, a common interest development may include a variety of development types, including multi-family-type structures, mobile home parks, detached single-family dwellings, attached units on the same parcel, attached units on separate parcels, etc.

• A. Review and approval process. When a residential structure is proposed at the time of construction as a common interest development (including a condominium, community apartment project, planned development or stock cooperative, as provided by California Civil Code Section 1351), a Tentative Map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner in compliance with Chapter 18.96 (Tentative Map Filing and Processing). Chapter 18.98 (Parcel Maps and Final Maps) determines whether a Parcel or Final Map shall also be filed.

• B. Waiver of Tentative Map. Tentative Map approval shall not be required for a common interest development project on a single parcel, provided that:

  1. The residential project is authorized by the approval of a Zoning Clearance, Development Permit, Minor Use Permit, Use Permit, or Planned Development Permit, where the review authority determines in granting the approval that the proposed common interest development complies with all applicable requirements of the Map Act and this Development Code as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sewage disposal

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facilities, water supply availability, environmental protection, dedications, and other applicable standards;

2. Structures have been completed and Certificates of Occupancy have been issued to all dwelling units.

3. Tenants have not occupied the structure, unless they have been provided the notice required by Map Act Section 66452.17; and

4. The Parcel or Final Map shall be recorded within one year of the issuance of the Certificate of Occupancy for the last dwelling unit. If the Map is not recorded within one year the common interest development may only be established in compliance with Section 18.100.040 (Common Interest Development Conversion).

A common interest development conversion is the conversion of real property to a common interest development as defined by California Civil Code Section 1351. A conversion shall require the approval of a Tentative Map, and Parcel or Final Map, except where a Parcel Map, or Tentative and Final Map are waived in compliance with Map Act Sections 66428(b) and Section 18.100.030.B (Waiver of Tentative Map) or with Map Act Section 66428.1 for the conversion of a mobile home park. If a Parcel Map is waived, a Tentative Map shall still be required.

A Tentative Map for a common interest development conversion shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner as set forth in Chapter 18.96 (Tentative Map Filing and Processing), with the following exceptions.

• A. Application contents. Common interest development conversion applications shall include the same information and materials as Tentative Map applications, except for conversions of residential projects, which shall also include the following information and materials.

  1. Tentative Map. The Tentative Map for a condominium, community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative need not show the buildings or the manner in which the airspace above the property shown on the map are to be divided. However, the applicant shall provide an illustration of how division will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units.

  2. Public notice materials. Stamped, Number 10 envelopes addressed to each tenant of the property being converted.

  3. Evidence of compliance with Map Act notice requirements. A copy of the notice required by Map Act Section 66452.17, a list of the names and addresses of all tenants served with the notice, and the dates and methods by which the notice was served. This information shall be certified to be correct by an affidavit or by a statement made under penalty of perjury in compliance with Code of Civil Procedure Section 2015.5. The notice shall be given to the tenants at least 60 days prior to the filing of a Tentative Map.

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4. Verification of stock cooperative vote. If the development being converted to a common interest development is a stock cooperative, the application shall also include verification of the vote required by Map Act Section 66452.10.

5. Mobile home park conversion impact report. If the development being converted to a common interest development is a mobile home park, the application shall also include the report required by Map Act 66427.4.

• B. Staff report. The staff report on the Tentative Map for the common interest development conversion (Section 18.100.040) shall be provided to each residential tenant of the subject property at least three days prior to any hearing or action on the Tentative Map by the Zoning Administrator or Commission.

• C. Public notice. The following notice shall be provided in addition to that required by Chapter 18.180 (Public Hearings):

  1. Tenant notice. The subdivider shall give notice to all existing or prospective tenants as set forth in Map Act Section 66452.17, and shall provide the Department satisfactory proof that the notice was given; and

  2. Public hearing notice. Notice of the public hearing(s) on the Tentative Map shall be provided to all tenants of the subject property, as required by Map Act Section 66451.3.

D. Approval of conversion, required findings.

1. Time limit, stock cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within 120 days of the application being found complete in compliance with Section 18.96.020 (Tentative Map Filing, Initial Processing). The 120-day time limit may be extended by mutual consent of the subdivider and the Town.

2. Conversion findings, residential projects. Approval of a tentative or Final Map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project or stock cooperative shall not be granted unless the findings set forth in Map Act Section 66427.1 are first made.

3. Town Building Code. Approval of a tentative or Parcel Map shall not be granted unless the Chief Building Official finds the building proposed for conversion into a condominium project, community apartment project or stock cooperative complies with all applicable provisions of the Town Building Code.

• E. Completion of conversion. The filing, approval and recordation of a Parcel Map or Final Map in compliance with Chapter 18.98 (Parcel Maps and Final Maps) shall be required to complete the subdivision process, except where a Parcel Map, or Tentative and Final Map are waived in compliance with Sections 18.100.030.B (Common Interest Development - Waiver of Tentative Map), 18.98.030 (Waiver of Parcel Map), and Map Act Section 66428(b).

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Certificates of Compliance

18.102

– CHAPTER 18.102 CERTIFICATES OF COMPLIANCE

Sections:

18.102.010 - Purpose of Chapter 18.102.020 - Applicability 18.102.030 - Application Contents 18.102.040 - Review and Approval 18.102.050 - Conditional Certificates of Compliance