Chapter 6 — CONDOMINIUM CONVERSIONS — Yuba City Zoning Code

Sec. 8-6.01. - Purpose.

The purpose of this chapter is to protect the public health, safety and welfare by the regulation of conversion of multiple-family rental housing to condominiums, community apartments or stock cooperatives. The chapter is intended to:

(a)

Implement the Yuba City Urban Area General Plan Housing Element by:

(1)

Providing a wide range of housing opportunities for all segments of the population.

(2)

Providing for balanced neighborhoods with differing housing supplies.

(b)

Establish criteria for the conversion of existing multiple-family rental housing to condominiums, community apartments, and stock apartments:

(1)

Reducing the impact of such conversion on residents of rental housing who might be displaced.

(2)

Assuring adequate information is provided to purchasers of such conversions.

(§ 1, Ord. 836, eff. March 3, 1980)

Sec. 8-6.02. - Definitions.

For the purpose of this chapter, the following definitions shall apply:

(a)

"Community apartment project" shall mean a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

(b)

"Condominium" shall mean 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.

(c)

"Condominium project" shall mean the subdivision of real property to create five or more condominiums.

(d)

"Stock co-operative" shall mean a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right to occupancy is transferable only concurrently with the transfer of share or shares of stock in the corporation held by the person having such right of occupancy.

(§ 1, Ord. 836, eff. March 3, 1980)

Sec. 8-6.03. - Permit required.

No person, firm corporation, partnership or other entity shall convert existing dwelling units to a condominium project, community apartments, or stock co-operative without first having secured approval of a permit allowing such conversion by the Planning Commission or, upon appeal, the City Council and having been issued a conversion permit by the Planning Director. Any permit issued hereunder may be made subject to such reasonable terms and conditions as in the judgment of the Commission is necessary to ensure compliance with the purpose, spirit and intent of this ordinance.

(§ 1, Ord. 836, eff. March 3, 1980)

Sec. 8-6.04. - Application for permit.

Application for permit pursuant to this chapter shall include the following:

(a)

A facilities plan prepared by an appropriately California licensed architect or California registered civil or structural engineer detailing the condition and estimated useful life of all elements of the existing buildings and other structures involved in the project, including, but not limited to, roofs, foundations, exterior and interior paint, floor coverings, built-in appliances, mechanical systems, electrical systems, plumbing

systems, fire protection systems, heating and air conditioning systems, swimming pools, parking lots, driveways, walks and other paved areas. The facilities plan will include the costs and schedule for replacement of any elements that do not meet current City standards as provided in the Municipal Code and resolutions or would have useful life of less than five years.

(b)

A development plan of the project site including:

(1)

The exterior boundaries and dimensions of the project site and the names and locations of adjacent streets.

(2)

The physical development existing or proposed on the site, including the size, shape, location, type of materials used and use of all buildings, structures, paved areas, landscaped areas, open spaces, walls, fences, recreational facilities, utilities, exterior lighting, directional signs and other common facilities.

(3)

Existing and proposed elevations.

(c)

A schedule of completion for all physical development of common facilities proposed in the project.

(d)

A maintenance plan, including projected costs and payment therefore, for all physical development.

(e)

A structural pest report.

(f)

A history report, including:

(1)

The date of construction of all elements of the project.

(2)

A statement of the use or the uses of the facilities since construction.

(3)

The date and description of each repair or renovation requiring an expenditure of $1,000 or more.

(4)

A statement regarding current ownership of all improvements underlying property.

(g)

A copy of the proposed covenants, conditions, and restrictions to be applied to the project.

(h)

A report on existing tenancy in the rental apartment units to be converted, including:

(1)

The names and addresses of the tenants.

(2)

The number of families, by category, occupying the units who are on fixed incomes, have children, or include handicapped individuals.

(3)

The size and rental cost of each unit.

(4)

The number, rental cost and size of units occupied under any federal or state assistance program (Section 8, etc.)

(i)

A report detailing the project's program for relocation of displaced tenants. The applicant shall show evidence that the current residents have received notification of intent to convert the apartments into condominiums at least 30 days prior to filing the application for permit.

The final form of the application shall be as approved by the Planning Director and shall remain on file in the Planning Department for review by any interested persons. The application shall be referenced in the Department's report to the Planning Commission.

(§ 1, Ord. 836, eff. March 3, 1980)

Sec. 8-6.05. - Standards.

Building requirements:

(1)

The project shall conform to the applicable standards of the adopted building related codes found in Title 7, Yuba City Municipal Code, unless discrepancies are specifically listed together with mitigation satisfactory to the Yuba City Building Inspection Department of the facilities plan required by Section 8-6.04,

Application for Permit. An inspection shall be made by the Building Inspection Department to ensure that the building is in compliance with the above mentioned codes.

(2)

Fire alarm systems shall be provided to the satisfaction of the Fire Chief.

(3)

Smoke detectors shall be provided in each unit.

(4)

Fire Protection shall be provided to the satisfaction of the Fire Chief.

(5)

Sound transmission shall meet standards established in Article 4 of Title 25, California Administrative Code. The developer shall provide a detailed report prepared by certified acoustical experts stating the existing conditions—whether each unit meets current sound transmission standards.

(6)

Separate meters for gas and electricity shall be provided for each unit.

(7)

Provision for joint use of water service shall be provided.

(8)

Exterior-interior construction shall be refurbished to a degree of quality and safety to the satisfaction of the Chief Building Inspector.

(9)

Weatherized, lockable storage facilities shall be provided at a rate of 200 cubic ft. per unit where individual garages do not exist.

(10)

Declarations of covenants, conditions and restrictions shall include a statement requiring each individual owner and the owners' association to comply with all building and safety codes enforced by the City Building and Fire Departments.

(11)

Domestic water shall be metered. Master meters shall be used wherever possible.

(12)

A one-year unconditional consumer warranty guaranteeing repair or replacement of all appliances.

(§ 1, Ord. 836, eff. March 3, 1980)

Sec. 8-6.06. - Private interior streets.

(1)

Streets shall be in a maintained condition equivalent to two in. type B A.C. on four-in. class II aggregate base to the satisfaction of the Public Works Director.

(2)

Drainage shall be provided to the satisfaction of the Public Works Director.

(3)

Minimum width of interior streets shall be 24 ft.

(4)

Minimum curve radii shall meet the requirements of the Fire Department.

(5)

Streets shall be identified as private streets and posted for no parking.

(6)

Dead-end streets shall provide turn-around space as required by the Fire Chief and Public Works Director.

(§ 1, Ord. 836, eff. March 3, 1980)

Sec. 8-6.07. - Other requirements.

(1)

Screened rubbish collectors shall be provided sufficient to serve all units and located for convenience to users and rubbish disposal contractors.

(2)

Pedestrian pathways shall connect parking areas to individual units.

(3)

Lighting shall be provided to avoid dark spots in the common areas.

(4)

Sewer collection system shall be designed to the satisfaction of the Public Works Director.

(5)

Landscaping and recreation facilities shall be provided in conformity with the plan submitted. Such landscaping shall cover at least 15% of the site and be designed to maximize the benefit to the residents of all units in the development.

(6)

Laundry facilities shall be provided for the units. Common laundry facilities shall provide one washing machine and one clothes dryer per eight units without individual facilities.

(7)

Unit numbers shall be provided so as to be visible for emergency use to the satisfaction of the Fire Chief.

(8)

Lighted directory providing guidance to units shall be provided to the satisfaction of the Fire Chief.

(9)

All improvements identified as necessary within two years shall be replaced.

(10)

A sinking fund or maintenance surety fund shall be established by the developer to cover all projected maintenance or replacements projected for five years. This sinking fund shall be administered by the Homeowners' Association and shall be so noted in the Association documents.

(§ 1, Ord. 836, eff. March 3, 1980 as amended by § 1, Ord. 866, eff. November 23, 1980)

Sec. 8-6.08. - Parking lots.

(1)

Parking lots shall be paved with two in. B Type a.c. on four-in. Class II aggregate base.

(2)

Drainage shall be provided to the satisfaction of the Director of Public Works.

(3)

Parking shall be provided at a rate of at least 1½ spaces per one bedroom or studio unit and two spaces per unit containing two or more bedrooms per unit.

Such spaces shall be assigned to specific individual units to provide no less than one designated space per one bedroom or studio unit and no less than two designated spaces per unit containing two or more bedrooms. Guest parking shall additionally be provided at a rate of one space per three units. Required guest parking may include spaces not assigned to individual units. Such spaces shall be designated for guest parking only.

(4)

Parking spaces and maneuvering areas shall be designed in accordance with City regulations.

(5)

Declaration of covenants, conditions and restrictions shall provide that no recreational vehicles or trailers shall be parked on the project property unless a parking area for such vehicles is specifically set aside and such parking area is in excess of the 2.3 parking spaces per unit required under Section 8-6.08(3).

(§ 1, Ord. 836, eff. March 3, 1980 as amended by § 2, Ord. 866, eff. November 23, 1980)

Sec. 8-6.09. - Hearing.

The Planning Commission, or the City Council on appeal, shall hold a public hearing to review all applications for conversions submitted pursuant to the ordinance. Notice of the hearing shall be provided to all tenants of the project at least ten days prior to the hearing date.

(§ 1, Ord. 836, eff. March 3, 1980)

Sec. 8-6.10. - Findings.

The Planning Commission, or the City Council on appeal, shall not approve any application for conversion of rental units unless the planning commission or City Council can find that:

(a)

All provisions of this chapter are met.

(b)

The project is not detrimental to the health, safety, or general welfare of the community.

(c)

The project is consistent with the General Plan Housing Element.

(d)

The vacancy rate for rental units of similar size and rental rates is above 5% as determined in January and July by the Planning director, or at any other time as directed by the Planning Commission.

(e)

Relocation payments to displaced tenants are provided at a rate of no less than 1½ times the monthly rental of the unit. The developer will actively seek alternative housing for families displaced by conversion.

(f)

The relocation program provides for deferred displacement of families with children, elderly tenants, and handicapped tenants.

(g)

No rent increase has been made to reduce or eliminate tenancy in preparation for conversion. Each nonpurchasing tenant, not in default under the obligations of the rental agreement or lease under which he or she occupies his or her unit, shall have not less than 120 days from the date of filing of the final subdivision map or parcel map to find substitute housing and to relocate.

(h)

Diverse forms of financing acquisition of the units, including FHA, VA, Cal Vet, conventional, etc., shall be available to allow the best terms to the existing tenants.

(i)

At least one of the findings in section Title 6, Chapter 9, Article 6 of the Municipal Code is satisfied.

(§ 1, Ord. 836, eff. March 3, 1980)

(Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016)

Sec. 8-6.11. - Report of Planning Commission action.

Report to the City Council. Following action by the Planning Commission, a report on the project and the Planning Commission action thereon shall be transmitted to the City Council for its information.

(§ 1, Ord. 836, eff. March 3, 1980)

Sec. 8-6.12. - Fees.

The City Council shall establish by resolution, and may amend and revise from time to time, fees for processing the various applications authorized or required by this chapter. All fees shall be paid at the time an application is filed, and no processing shall commence until the fee is paid in full.

(§ 1, Ord. 836, eff. March 3, 1980; § 1, Ord. 1022, eff. May 11, 1987; § 1, Ord. 17-92, eff. September 3, 1992)

Sec. 8-6.13. - Modifications of chapter provisions.

The requirements of this chapter may be modified by the Planning Commission, or on appeal by the City Council, when at least one of the following findings can be made based on evidence presented at the hearing:

(a)

There are exceptional or extraordinary circumstances or conditions applicable to the property; or

(b)

The unique nature of the particular project requires design innovations to carry out the intent of this chapter; or

(c)

The granting of the modification will not be detrimental to the public welfare or safety or be injurious to other property in the surrounding area.

(§ 1, Ord. 836, March 3, 1980)

Sec. 8-6.14. - Appeals.

Appeals may be made from any determination of the Planning Commission in the same manner as prescribed for subdivision appeals in Section 8.2-1101 of the Yuba City Municipal Code.

(§ 1, Ord. 836, eff. March 3, 1980)

CHAPTER 7. - PLANNED UNIT DEVELOPMENTS, CONDOMINIUM PROJECTS, COMMUNITY APARTMENT PROJECTS, STOCK COOPERATIVE PROJECTS

Sec. 8-7.01. - Purpose.

The purpose of this chapter is to protect the public health, safety and welfare by the regulation of development of planned unit developments, condominiums, community apartments and stock cooperatives. The chapter is intended to implement the Yuba City Urban Area General Plan Housing Element by:

(a)

Providing a wide range of housing opportunities for all segments of the population.

(b)

Providing for balanced neighborhoods with differing housing supplies.

(c)

Reducing impact of planned unit developments, condominium projects, community apartment projects and stock co-operative projects on adjacent residential areas.

(§ 1, Ord. 839, eff. July 16, 1980)

Sec. 8-7.02. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)

"Community apartment project" shall mean a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

(b)

(c)

"Condominium project" shall mean the subdivision of real property to create five or more condominiums.

(d)

"Planned unit development" shall mean a residential development in which the subdivision and zoning regulations apply to the project as a whole, rather than to its individual lots. Densities are calculated on a project-wide basis permitting, among other things, the clustering of houses and provision of open space. Overall density cannot exceed that established in the General Plan.

(e)

"Stock co-operative" shall mean a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of real property, title to which is held by the corporation, which right to occupy is transferable only concurrently with the transfer of share or shares of stock in the corporation held by the person having such right of occupancy.

(§ 1, Ord. 839, eff. July 16, 1980)

Sec. 8-7.03. - Permit required.

No person, firm, corporation, partnership or other entity shall develop a planned unit development, a condominium project, a community apartment project or stock co-operative project without first having secured approval of a permit allowing such development by the Planning Commission or upon appeal, the City Council and having been issued a development permit by the Planning Director. Any permit issued hereunder may be made subject to such reasonable terms and conditions as in the judgment of the Commission is necessary to ensure compliance with the purpose, spirit and intent of this chapter.

(§ 1, Ord. 839, eff. July 16, 1980)

Sec. 8-7.04. - Application for permit.

Application for permit pursuant to this chapter shall include the following:

(a)

A development plan of the project site including:

(1)

The exterior boundaries and dimensions proposed at the project site and the names and locations of adjacent streets.

(2)

The physical development proposed on the site, including the size, shape, location, type of materials to be used and use of all buildings, structures, paved areas, landscaped areas, open spaces, walls, fences, recreational facilities, utilities, exterior lighting, directional signs and other common facilities.

(3)

Proposed elevations.

(b)

A schedule of completion for all physical development of common facilities proposed in the project.

(c)

A maintenance plan for all physical development detailing landscape, paving and building maintenance features of the project.

(d)

A copy of the proposed covenants, conditions, and restrictions to be applied to the project.

(§ 1, Ord. 839, eff. July 16, 1980)

Sec. 8-7.05. - Standards.

Building requirements:

(a)

The project shall conform to the applicable standards of the adopted building related codes found in Title 7, Yuba City Municipal Code.

(b)

Structures abutting or within 45 ft. of developed R-1 zoned property shall be limited to one story.

(c)

Fire alarm systems shall be provided to the satisfaction of the Fire Chief.

(d)

Fire protection shall be provided to the satisfaction of the Fire Chief.

(e)

Separate meters for gas and electricity shall be provided for each unit.

(f)

Sound transmission shall meet standards established in Article 4 of Title 25, California Administrative Code.

(g)

Provision for joint use of water service shall be provided.

(h)

Weatherized, lockable storage facilities shall be provided at a rate of 200 cubic ft. per unit where individual garages do not exist.

(i)

(j)

Domestic water shall be metered. Master meters shall be used wherever possible.

(§ 1, Ord. 839, eff. July 16, 1980)

Sec. 8-7.06. - Private interior streets.

(a)

Streets shall be constructed with a minimum structural section of two in. type B a.c. on four-in. Class II aggregate base to the satisfaction of the Public Works Director.

(b)

Drainage shall be provided to the satisfaction of the Public Works Director.

(c)

Minimum width of interior streets shall be 24 ft.

(d)

Minimum curve radii shall meet the requirements of the Fire Department.

(e)

Streets shall be identified as private streets and posted for no parking.

(f)

Dead-end streets shall provide turn-around space as required by the Fire Chief and Public Works Director.

(g)

No obstructions shall be placed within 14.5 ft. vertical clearance.

(h)

Private street intersections with public streets shall be constructed as standard intersections or driveways as required by the Public Works Director.

(i)

Private streets shall be designed in loops wherever possible.

(§ 1, Ord. 839, eff. July 16, 1980)

Sec. 8-7.07. - Other requirements.

(a)

Screened rubbish collectors shall be provided sufficient to serve all units and located for convenience to users and rubbish disposal contractors.

(b)

Pedestrian pathways shall connect parking areas to individual units.

(c)

Lighting shall be provided to avoid dark spots in the common areas.

(d)

Sewer collection system shall be designed to the satisfaction of the Public Works Director.

(e)

(f)

Laundry facilities shall be provided for the units. Common laundry facilities shall provide one washing machine and one clothes dryer per eight units without individual facilities.

(g)

Unit numbers shall be provided so as to be visible for emergency use to the satisfaction of the Fire Chief.

(h)

Lighted directory providing guidance to units shall be provided to the satisfaction of the Fire Chief.

(i)

All other regulations of the City and State of California applicable to the development project, including subdivision and zoning regulations, shall be complied with.

(§ 1, Ord. 839, eff. July 16, 1980)

Sec. 8-7.08. - Parking lots.

(a)

Parking lots shall be paved with two in. type B a.c. on four-in. Class U aggregate base.

(b)

Drainage shall be provided to the satisfaction of the Director of Public Works.

(c)

Parking shall be provided at a rate of at least 1½ spaces per one bedroom or studio unit and two spaces per unit containing two or more bedrooms per unit. Such spaces shall be assigned to specific individual units to provide no less than one designated space per one bedroom or studio unit and no less than two designated spaces per unit containing two or more bedrooms. Guest parking shall additionally be provided at a rate of one space per three units. Required guest parking may include spaces not assigned to individual units. Such spaces shall be designated for guest parking only.

(d)

Parking spaces and maneuvering areas shall be designed in accordance with City regulations.

(e)

(§ 1, Ord. 839, eff. July 16, 1980)

Sec. 8-7.09. - Public notice.

Public notice of consideration of all applications pursuant to this chapter by the Planning Commission, or the City Council on appeal shall be given in the same manner as that given for subdivision considerations.

(§ 1, Ord. 839, eff. July 16, 1980)

Sec. 8-7.10. - Findings.

The Planning Commission, or the City Council on appeal, shall not approve any applications unless the Planning Commission or City Council can find that:

(a)

All provisions of this chapter are met.

(b)

The project is not detrimental to the health, safety, or general welfare of the community.

(c)

The project is consistent with the General Plan Land Use and Housing Elements.

(§ 1, Ord. 839, eff. July 16, 1980)

Sec. 8-7.11. - Report on Planning Commission action.

(§ 1, Ord. 839, eff. July 16, 1980)

Sec. 8-7.12. - Fees.

The City Council shall establish by resolution, and may amend and revise from time to time, fees for

processing the various applications authorized or required by this chapter. All fees shall be paid at the time an application is filed, and no processing shall commence until the fee is paid in full.

(§ 1, Ord. 839, eff. July 16, 1980; § 1, Ord. 1022, eff. Mary 11, 1987; § 1, Ord. 17-92, eff. September 3, 1992)

Sec. 8-7.13. - Modifications of chapter provisions.

(a)

There are exceptional or extraordinary circumstances or conditions applicable to the property; or

(b)

The unique nature of the particular project requires design innovations to carry out the intent of this chapter; or

(c)

The granting of the modification will not be detrimental to the public welfare of safety or be injurious to other property in the surrounding area.

(§ 1, Ord. 839, eff. July 16, 1980)

Sec. 8-7.14. - Appeals.

Appeals may be made from any determination of the Planning Commission in the same manner as prescribed for subdivision appeals in Section 8-2.1001 of the Yuba City Municipal Code.

(§ 1, Ord. 839, eff. July 16, 1980)

CHAPTER 8. - GENERAL PLAN Article 1. - General Plan Amendments

Sec. 8-8.101. - Purpose.

The purpose of this section is to set forth the procedures by which the General Plan of the City of Yuba City may be amended.

(§ 1, Ord. 1003, eff. August 6, 1986)

Sec. 8-8.102. - Initiation.

An amendment to the General Plan may be initiated by:

(a)

The City Council;

(b)

The Planning Commission; or

(c)

A member of the public.

(§ 1, Ord. 1003, eff. August 6, 1986)

Sec. 8-8.103. - Application and fees.

Applications for General Plan amendments which are initiated by other than the City Council or Planning Commission shall be made in writing on a form prescribed by the Planning Director. The City Council shall establish by resolution, and may amend and revise from time to time, fees for processing the various applications authorized or required by this chapter. All fees shall be paid at the time an application is filed, and no processing shall commence until the fee is paid in full.

(§ 1, Ord. 1003, eff. August 6, 1986; § 1, Ord. 1022, eff. May 11, 1987; § 1, Ord. 17-92, eff. September 3, 1992)

Sec. 8-8.104. - Planning Commission action.

(a)

The Planning Commission shall conduct an advertised public hearing on all General Plan amendments.

(b)

At the conclusion of the public hearing, the Planning Commission shall forward to the City Council its recommendation and findings relating to the proposed General Plan amendment.

(§ 1, Ord. 1003, eff. August 6, 1986)

Sec. 8-8.105. - City Council action.

(a)

The City Council shall conduct an advertised public hearing on the recommendations of the Planning Commission.

(b)

At the conclusion of the public hearing, the City Council may adopt such General Plan amendments as it deems necessary. All amendments shall be adopted by resolution of the City Council.

(c)

Any substantial modification to the Planning Commission's recommendation by the City Council which was not previously considered by the Planning Commission must be referred to the Planning Commission for consideration and recommendations prior to adoption by the City Council.

(§ 1, Ord. 1003, eff. August 6, 1986)

Sec. 8-8.106. - Reapplication.

If an amendment to the General Plan has been acted upon by the City Council, no further application which is the same or substantially the same may be filed by members of the public within a period of six months from the date of such action.

(§ 1, Ord. 1003, eff. August 6, 1986)

Sec. 8-8.107. - Annual amendment limitation.

The City Council shall not amend the General Plan more than four times in any calendar year.

(§ 1, Ord. 1003, eff. August 6, 1986)