§ 18.80

The purpose of the provisions of this chapter is to provide, with respect to properties which change tenancy from rental to condominium units, the assurance that:

A.

There are procedures which will upgrade lower-priced housing;

B.

Adequate parking space is provided to meet the additional demands of the owner-type tenancies; and

C.

Potentially adverse effects resulting from a lack of single and centralized management do not cause undesirable effects upon the public health, safety and general welfare of the community.

(Prior code § 9540)

In addition to the definitions contained in Chapter 18.06, the following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended:

A.

"Community apartment" means one residential unit within a community apartment project.

B.

"Community apartment project," as defined in Section 11004 of the California Business and Professions Code, means the development of real property in which an undivided interest in the land is coupled with the right of exclusive occupancy of a designated apartment located thereon or therein.

C.

"Condominium conversion" means the process or effect of transferring ownership of a building from rental units to a condominium in accordance with appropriate law.

D.

"Residential condominium" means 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 complex located on such real property. A residential condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either:

1.

An estate of inheritance or perpetual estate;

2.

An estate for life; or

3.

An estate for years, such as a leasehold or a subleasehold.

For the purposes of this section, "residential condominium" includes community apartment project.

E.

"Residential condominium project" or "project" means the entire parcel of real property divided or to be divided into condominiums including all structures located thereon.

F.

"Residential condominium unit" or "unit" means the same as dwelling unit.

(Prior code § 9541)

The following criteria and information shall be met or provided before any tentative tract and/or final map is approved for a condominium conversion:

A.

The tentative tract map shall be dimensioned and drawn to scale to show the following: location of buildings, floor plan of each unit within the building, square footage of each unit, location of pools, recreation rooms, trash areas or any other amenities within the project, driveways and parking stalls, open space, including patios and balconies, and any other pertinent information as may be deemed necessary by the planning director.

B.

The subdivider shall provide a statement indicating whether water, gas and electricity are currently provided separately to each unit, and whether these utilities are metered individually for each unit.

C.

If the tract map is approved, the subdivider shall provide the city with an affidavit that he/she has met the provisions of Government Code Section 66427.1.

D.

A copy of the "Supplemental Questionnaire for Apartments Converted to Condominium Projects" Form RE 639, California Department of Real Estate, shall be provided as part of the application.

E.

A copy of the proposed conditions, covenants and restrictions (CC & Rs) will be provided as part of the application.

(Prior code § 9544)

(Ord. No. 3121, § 19, 8-25-20)

Existing residential condominiums or tentative or final tract maps approved before the effective date of the ordinance codified in this chapter which do not comply with the provisions of this title will not be deemed to have acquired a nonconforming status provided that:

A.

No additional dwelling units are established;

B.

No expansion or enlargement of any dwelling unit is undertaken;

C.

No additional parking area is provided upon the site which would reduce usable open space.

(Prior code § 9542(2))

18.80.050 - Conditions—R-2, R-3, R-4, C-0 and C-1 zones.

Conversions of rental units to condominiums may be permitted in the R-2, R-3, R-4, C-0 and C-1 zones, provided that:

A.

At least four years have elapsed since the date of issuance of the certificate of occupancy of the building containing the dwelling units proposed to be converted to condominiums;

B.

A conditional use permit for such conversion is obtained pursuant to the provisions of Chapter 18.52.

(Prior code § 9542(1))

To achieve the purpose of this section, all condominium conversions shall conform to the following development standards. These are minimum standards; others may be imposed as part of the conditional use permit process:

A.

Off-Street Parking. Parking shall comply with the parking provisions contained within Section 18.48.020(1) (B) of the Whittier Municipal Code.

B.

Plumbing Shutoff Valves. Separate full-way shutoff valves shall be provided to each dwelling unit.

C.

Utility Meters. Each utility that is controlled by and consumed within a dwelling unit shall be separately metered in such a way that the unit owner can be separately billed for its use.

D.

Open Space. Existing open space shall not be used to meet parking requirements unless the planning commission and/or city council finds that conversion of such area will not be detrimental to future residents of the project or surrounding area.

E.

Trash Areas. Refuse storage areas shall be provided and maintained in accordance with the provisions of Section 18.10.030(E).

(Ord. 2899 § 2, 2007: prior code § 9543)

Division IV. - Historic Resources Chapter 18.84 - HISTORIC RESOURCES Article I. - Introduction

18.84.010 - Short title.

This chapter shall be known as the Whittier Historic Resources Ordinance.

(Ord. 2785 Exh. A (part), 2001)

18.84.020 - Purpose.

The purpose of this chapter is to promote the public health, safety, and general welfare through the following measures:

A.

Safeguard the heritage of the city by protecting resources that reflect its cultural, historical and architectural legacy;

B.

Promote public understanding, appreciation and involvement in the unique heritage of the city;

C.

Foster civic pride in the beauty and notable accomplishments of the past;

D.

Protect and enhance the city's attractions to residents and visitors and to support and stimulate business and industry;

E.

Enhance the visual and aesthetic character of the city;

F.

Promote the use of historic resources; and

G.

Protect and safeguard the property rights of the owners whose property is declared to be a historic resource.

(Ord. 2785 Exh. A (part), 2001: Ord. 2389 § 1 (part), 1986)