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 City of Hermosa Beach Municipal Code -- ZoningCITY OF HERMOSA BEACH
MUNICIPAL CODE
ZONING
Chapter 17.22
Condominiums, Stock Cooperatives and Community Apartments
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For purposes of this chapter: "Apartment" means a rental or leased dwelling in a structure designed or used to house two or more families. "Appliances" means electric- or gas-operated household devices such as stoves, fans, heaters, refrigerators, air conditioners, water heaters, dishwashers or any other devices used for cooking, heating, cooling or cleaning, and air circulation. "Applicant" means the owner(s), developer(s) or subdivider(s) of a project, as their interests may appear. "Association" means the organization of persons who own a lot, parcel, area, airspace or right of exclusive occupancy in a unit or condominium, and who have interests in the control of common areas of such project. "Common area" means those portions of the project area which are designed, intended or used in common and not under the exclusive control or possession of owners or occupants of individual units in said project. "Common garage" means a garage area for four or more vehicles that is completely enclosed only in its perimeter. Within this garage area, specified parking areas are designated but are not partitioned from one another by solid walls and separate doors. Contained within the garage area is a turning radius of at least twenty-three (23) feet for each parking space. A common garage may be provided at ground level or in a subterranean or semi-subterranean basement. "Community apartment" means a community apartment is a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located therein. "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, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may also include a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either: (i) an estate of inheritance, or perpetual estate; (ii) an estate for life; or (iii) an estate for years, such as a leasehold or subleasehold. "Developer" means the owner or subdivider with controlling proprietary interest in the condominium project, or the person or organization making application to the city to build such a project. "Floor area ratio" means the proportional relationship between the amount of gross floor area of the project and the land area of the project site. "Gross floor area" means the total area occupied by a building or structure, excepting therefrom only the area of any inner courts, exterior corridors, open balconies, open stairways and designated garages. Such total area shall be calculated by measuring along the outside dimensions of the exterior surfaces of such building or total of each floor level. "Lot" means a lot is a subdivided parcel as shown on a recorded subdivision or parcel map. "Open space" means all land areas that are not occupied by buildings, structures, parking areas or driveways, streets or alleys. "Organizational documents" means declarations of restrictions, management or operation of all or any part of a project. "Parcel" means a building site, and may consist of one or more subdivided lots. "Planned unit development" means a form of subdivision wherein the dwelling space as well as the land directly beneath a dwelling is owned individually and only the land surrounding the dwelling units is held in common ownership. No dwelling unit shall be vertically stacked so as to be over or under any other dwelling unit. "Project" means the entire parcel of real property and buildings proposed to be used or divided, as land or airspace, into two or more lots or units as a condominium, community apartment, stock cooperative or planned unit or townhouse. "Recreation space" means patios, decks, private and enclosed open space balconies. Such space must be directly accessible to a unit and must have a minimum dimension of seven feet. "Stock cooperative" means a corporation formed or availed of primarily for the purpose of holding title to, either in fee simple of for a term of years, improved real property. All or substantially all of the shareholders of such corporation must receive a right of exclusive occupancy in a portion of real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy. "Townhouse" means a design style with all elements of a dwelling unit stacked vertically, so no other unit is over or under the dwelling. "Unit" the particular area of land or airspace that is designed, intended or used for exclusive possession or control of individual owners or occupiers, whether or not they have interests in common areas of said project. "Walk street" means a street that is designed for pedestrian rather than vehicular usage, with vehicular access to property being solely from an alley. (Prior code Appx. A, § 7.2-1) HomePage | Code Index | Zoning Index | Top of Page
17.22. 020 Construction, maintenance and development--Residential--Applicability . Sections 17.22.030 through 17.22.060 apply to new construction of condominiums, community apartments, stock cooperatives, planned unit developments and residential portions of commercial planned developments. It is a supplement and an addition to the standards, and requirements of the zone in which the development is proposed, or exists, and to the general plan designation in which the development is proposed or exists. (Prior code Appx. A, § 7.2-2) HomePage | Code Index | Zoning Index | Top of Page
17.22. 030 Construction, maintenance and development--Residential--Purpose. The purpose of Sections 17.22.030 through 17.22.060 is to promote the following standards for condominiums and like developments. A. Architectural unity and harmony should be achieved both within the project and between the project and the surrounding neighborhood so that it promotes stability of and does not constitute a disruption to the established character of the neighborhood; B. Provide for a high level of safety, compatibility and quality of the design of buildings, signs, parking areas, landscaping, luminaries and other site features. These may include functional aspects of the site development such as automobile and pedestrian circulation; C. A comprehensive and integrated design, providing its own open space, off-street parking and amenities for contemporary living. Insofar as the scale of the project allows, open space, walkways and other areas for people should be separated from parking areas, driveways and other areas for automobiles; D. A layout of structures and other facilities to effect conservation in street, driveway, curb cut and other public or quasi-public improvements. Additionally, structures should be designed to minimize, within the context of accepted architectural practice, the consumption of natural resources such as sunlight, air circulation, view sheds and energy; E. A design that maintains as much of the natural topography and environment as practical. Trees over six inches in diameter should not be removed unless it can be demonstrated that their removal is an unavoidable consequence of development and that any trees removed will be replaced by comparable landscaping. These determinations shall be made by the planning director; F. A configuration and orientation which respects reasonable design limits imposed by the natural and manmade environment. Structures should be situated to take advantage of view, topography, sun and wind, while at the same time not obstructing comparable advantages for adjacent properties. Structures should be situated to minimize or buffer any undesirable characteristics of the site such as street noise and nearby deleterious commercial or industrial uses; G. The layout of units and open space within the project should establish, through the use of structure and manmade and landscape materials, a perceptible spatial transition from the public street, through semi-privacy of common areas, to the privacy of the unit. The environment of each condominium unit should be private and free from visual, audio and other intrusions. H. Provision by the project sponsor of adequate private outdoor living space, storage space and parking space to meet the needs of long-term property owners. I. Covenants, conditions and restrictions ensuring that potential problems, resulting from lack of continuous and centralized management, do not impact upon the public health, safety and welfare. (Prior code Appx. A, § 7.2-3) HomePage | Code Index | Zoning Index | Top of Page
17.22. 040 Construction, maintenance and development--Residential--Conditional use permit required. All condominiums, community apartments and stock cooperatives shall be subject to approval of a conditional use permit by the planning commission. (Prior code Appx. A, § 7.2-4) HomePage | Code Index | Zoning Index | Top of Page
17.22. 050 Construction, maintenance and development--Residential--Declaration of covenants, conditions and restrictions. The project covenants, conditions and restrictions shall be submitted with the filing of a tentative map or conditional use permit application and shall contain all of the following provisions: A. Storage for Boats, Trailers and Recreational Vehicles. Storage of boats, trailers, recreational vehicles and other similar vehicles shall be prohibited in required parking spaces and/or where visible from the public right-of-way, and/or adjacent property. B. Guest Parking. Guest parking spaces shall be used only for guest parking. No individual vehicle shall use a guest space for more than seventy-two (72) hours without the specific permission of the homeowners' association. C. Conveyance of private open space. The surface area and appurtenant air space, deck, or balcony required by Section 17.22.060(E)(1), including any integral portion of that patio, deck or balcony shall be described and conveyed in the declaration as an integral part of the unit. There shall be no overlap of the common area and this private open space. D. Conveyance of Private Storage Areas. The surface and appurtenant airspace of private storage spaces required by Section 17.22.060(F) shall be described and conveyed in the declaration as an integral part of the unit. There shall be no overlap of the common area and this private storage space. E. Assignment and Use of Required Off-Street Parking Spaces. Required off-street parking spaces, except guest parking spaces, shall be permanently and irrevocably assigned to particular units within the project on the basis of the required parking per unit. To the maximum practicable extent the parking spaces assigned to each unit shall be contiguous to the unit. In no case shall the private storage area of one unit overhang or take its access from the required off-street parking space of another unit. All parking spaces shall be used solely for the purpose of parking motor vehicles, as defined in the Motor Vehicle Code of the State of California (Vehicle Code, Section 415). No parking spaces shall be used, rented or leased to any person except in conjunction with the occupancy of a unit within the project. F. Right of Public Entry to Common Area. The city of Hermosa Beach, county of Los Angeles, State of California, and Government of the United States, and any department, bureau or agency thereof, shall have the right of access to the common areas of the project at all times for the purpose of preserving the public health, safety and welfare. G. Television and Radio Antennas Including Dish Antennas. Individual television and radio antennas shall be prohibited outside of the owner's unit. The declaration shall provide either for a central antenna with connections to each unit via underground or internal wall wiring, or each unit shall be served by a cable antenna service provided by a company licensed to provide such service within the city. H. Maintenance of Common Open Space.
I. Approved Plans Binding on Association. The covenants, conditions and restrictions shall state that the final city-approved building plans, landscaping plans and utility plans are binding on the association. Planning commission approval must first be secured for any changes to said items, and any modification to any portion of the approved which involves the city must first be approved by the planning commission. J. Condominium Association. All condominium projects are required to establish an operating homeowners association to have jurisdiction over all matters of common interest to the members of the particular association. Such homeowners' association shall comply with all requirements found in the California Corporations Code and any other applicable state and/or federal law. K. Maximum Number of Units Allowed. The declaration shall specify the number of units in the project approved by the city, stated as the maximum allowed without city approval for additional units. L. Rights of the City. The declaration shall specify that if, in the opinion of the city manager of the city (or an authorized representative), the association at any time fails to maintain the common areas or improvements thereon in accordance with standards of repair, maintenance and cleanliness specified in the declaration, the city may give written notice to the association and shall require that the association take appropriate corrective action within thirty (30) days of receipt of such written notice unless there exists a hazardous condition creating an immediate possibility of serious injury to persons or property, in which case the time for correction may be reduced to a minimum of five days. The association shall have the right, within ten days of receipt of such written notice of deficiency, to file an appeal with the city council of the city for public hearing before the city council to consider the reasonableness of the city's requirements as set forth in the written notice of deficiency. The decision of the city council on such appeal shall be binding upon all parties but may be appealed by the association through an appropriate action in any court having jurisdiction. If the association, within the time set forth in the notice of deficiency (subject to extension for such time as may be required to appeal the notice of deficiency to the city council) does not undertake and complete the corrective work required in the notice of deficiency, the city may undertake and complete such corrective measures against the association as a lien, in the same manner as set forth herein for the establishment of liens against association property. The remedy in this section allows the city to take action but does not require any action by the city. This remedy is cumulative in nature and does not prevent the city from exercising any other remedy civilly, criminally or administratively than it may possess under its police powers and the state of California. (Prior code Appx. A, § 7.2-5) HomePage | Code Index | Zoning Index | Top of Page
17.22. 060 Construction, maintenance and development--Residential--Minimum design standards. A. Minimum Lot Width. The minimum lot width shall be twenty-nine (29) feet. B. Minimum Unit Sizes. The following shall be the minimum dwelling unit size (in gross floor area):
Dens shall be differentiated from bedrooms by the fact that there are no closets. C. Height. In addition to height restrictions found within the various zones, along walk streets the maximum height in the front half of the lot shall be twenty-five (25) feet. The walk street shall be considered the front of the lot, except on reversed corner lots, where the side yard adjacent to the walk street shall be considered the front. D. Setback. Front setback shall be a minimum of five feet. E. Private Storage Space. Each unit within the project shall have at least two hundred (200) cubic feet of enclosed, weatherproofed and lockable storage space. Such space shall be for the sole use of the unit owner. Two of the storage space dimensions shall be of the minimum of two feet and three feet in size. At least half of the space must be accessible and contiguous to the ground floor level. Such space may be provided within individual storage lockers, cabinets or closets within the garage and/or under stairwells, or "over-the-hood" with no more than three feet overhang and a minimum forty-eight (48) inches clearance below. It is the intention of this standard to require space over and above that normally associated with day-to-day functions of the unit and it shall not be a substitute for normal linen and clothes closets or pantries customarily within dwelling units. F . Utilities.
G. Sound Insulation. Wall and floor/ceiling assemblies separating units from each other or from public or quasi-public spaces, such as interior corridors, laundry rooms, recreation rooms, parking spaces, etc., shall provide airborne sound insulation, impact sound insulation, and isolation of vibration and sources of structure-borne noise (including shock mounting of mechanical equipment). The minimum wall insulation rating between units shall be 52 STC, and between floor/ceilings of stacked units, it shall be 58 STC. H. Architecture and Building Layout.
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17.22. 070 Construction, maintenance and development--Commercial/industrial--Applicability. This division applies to new construction of commercial and industrial condominiums. (Prior code Appx. A, § 7.2-7)
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17.22. 080 Construction, maintenance and development--Commercial/industrial--Findings and intent. A. The city council finds that such condominium, stock cooperative and commercial planned development projects are different from other types and forms of commercial and industrial land use ownership development and so require different zoning and subdivision regulations. B. It is the expressed intent of the city to treat such projects differently from commercial rental structures and other like structures. The intent of this division is to further the city's general plan goal of providing a balanced mix of commercial stock in the city by regulating the placement and design of condominiums and like projects. (Prior code Appx. A, § 7.2-8) HomePage | Code Index | Zoning Index | Top of Page
17.22. 090 Construction, maintenance and development--Commercial/industrial--Purpose. The purpose of this division is to establish criteria for commercial and industrial condominiums: A. Architectural unity and harmony should be achieved both within the project and the surrounding neighborhood so that it promotes stability of and does not constitute a disruption to the established character of the neighborhood; B. Provide for a high level of safety, compatibility and quality of the design of buildings, signs, parking areas, landscaping, luminaries and other site features. These may include functional aspects of the site development such as automobile and pedestrian circulation; C. A comprehensive and integrated design, providing its own open space, off-street parking, and amenities for contemporary living. Insofar as the scale of the project allows, open space, walkways, and other areas for people, should be separated from parking areas, driveways and other areas for automobiles; D. A layout of structures and other facilities to effect conservation in street, driveway, curb cut and other public and quasi-public improvements. Additionally, structures should be designed to minimize, within the context of accepted architectural practice, the consumption of natural resources such as sunlight, air circulation, view sheds and energy; E. A design that maintains as much of the natural topography and environment as practical. Trees over six inches in diameter should not be removed unless it can be demonstrated that their removal is an unavoidable consequence of development and that any trees removed will be replaced by comparable landscaping; F. A configuration and orientation which respects reasonable design limits imposed by the natural and man-made environment. Structures should be situated to take advantage of view, topography, sun, and wind, while at the same time not obstructing comparable advantages for adjacent properties. Structures should also be situated to minimize or buffer any undesirable characteristics of the site such as street noise and nearby deleterious commercial or industrial uses; G. The layout of units and open space within the project should establish, through the use of structure and manmade and landscape materials, a perceptible spatial transition from the public street, through semiprivacy of common areas. The environment of each condominium unit should be free from visual, audio and other intrusions; H. Provision by the project sponsor of adequate parking space to meet the needs of long term property owners; I. Covenants, conditions and restrictions ensuring that potential problems, resulting from lack of continuous and centralized management, do not impact upon the public health, safety, and welfare. (Prior code Appx. A, § 7.2-9) HomePage | Code Index | Zoning Index | Top of Page
17.22. 100 Construction, maintenance and development--Commercial/industrial--Standards for uses. All commercial/industrial condominiums require a conditional use permit. The use restrictions for the zone in which the property is located shall apply. (Prior code Appx. A, § 7.2-10) HomePage | Code Index | Zoning Index | Top of Page
17.22. 110 Construction, maintenance and development--Commercial/industrial--Permits required--Application procedure. All commercial and industrial condominiums shall meet the restrictions, submit the applications and secure the permits required by the applicable provisions of this chapter. (Prior code Appx. A, § 7.2-11) HomePage | Code Index | Zoning Index | Top of Page
17.22. 120 Construction, maintenance and development--Commercial/industrial--Covenants, conditions and restrictions. No tentative map or permit shall be approved upon the condition that a declaration of covenants, conditions and restrictions, containing the following provisions, be approved by the planning director and the city attorney prior to the approval of the final map: A. Maintenance of Common Areas. Perpetual maintenance by the associated owners, in good sanitary and attractive condition, of all common areas and improvements, including landscaping areas, walls, driveways, parking areas, trash areas, and buildings, in accordance with plans and documents on file in the department of building and safety, city of Hermosa Beach. The management structure shall be in existence for the life of the building and that structure must clearly be delineated. B. Maintenance of Fire Protection Equipment. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protection appliances shall be maintained in operable condition at all times by the owner's association. C. Right or Public Entry to Common Areas. The city of Hermosa Beach, county of Los Angeles, State of California and Government of the United States, and any department, bureau or agency thereof, shall have the right to access to the common area of the project at all times for the purpose of preserving the public health, safety and welfare. D. Assessments. Provisions shall be made both for annual assessments for maintenance and special assessments for capital improvements. The amount of the annual assessments as well as the data and procedure for its increase shall be specified and shall be limited to the estimated yearly payment of real property taxes and maintenance and improvement expenses incurred with respect to the common area. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital improvement upon the common area shall be specified. Both annual and special assessments must be fixed at a uniform rate for all units and may be collected on a monthly basis. E. Remedies for Nonpayment of Assessments. The remedies which the association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment. In consideration for the city's approval of a condominium project, the declaration shall provide that the city may act as the agent of the association and may in the name of the association do any of the following in the event of abandonment of individual units of the project:
F. Nonconforming Projects. If the condominium project has become nonconforming due to changes in the zoning ordinance or the general plan and if it is determined by the fire and building departments that three-fourths of the project has been destroyed or substantially damaged, the project shall not be rebuilt or reconstructed, unless it is done according to existing development standards. Further, if the fire and building departments find that the project has been damaged or destroyed to such an extent that a material part of the project has not been rendered unfit for its prior use and has not been repaired for a period of three years after such damage or destruction, then said nonconforming status would be lost and the project could only be reconstructed in conformity with existing zoning requirements. Any property owners affected by the findings of the fire and building departments may, within thirty (30) days after written notice of these findings, appeal to the city council. G. Parking Spaces. All parking spaces shall be used solely for the purpose of parking motor vehicles, as defined in the Motor Vehicle Code of the State of California Vehicle Code, Section 415). When the intensity of use is increased through the addition of floor area or change in use, additional parking and loading shall be provided as required by Section 1150 of the city zoning code. H. Approved Plans Binding on Association. The covenants, conditions and restrictions shall state that the final city approved building plans and landscaping plans are binding on the association. Any changes to these items must first secure the approval of the planning commission. Within thirty (30) days of submitting covenants, conditions and restrictions to the Los Angeles County recorder, applicant shall provide the city with a certified copy of the covenants, conditions, and restrictions recorded with the Los Angeles County recorder. (Ord. 96-1146 § 1 (part), 1996; prior code Appx. A, § 7.2-12) HomePage | Code Index | Zoning Index | Top of Page
17.22. 130 Construction, maintenance and development--Commercial/industrial--General design standards. The project shall conform to the following general design standards: A. General Plan. The project shall be consistent with the general plan. B. Architectural Unity and Harmony. Architectural unity and harmony should be achieved within the project between the project and the surrounding neighborhood so that it promotes the stability of and does not constitute a major disruption to the established character of the neighborhood. C. Landscaping. Provision of permanently maintained landscaping as approved by the planning commission shall be required. D. Lighting. The developer shall install on-site lighting in all parking areas, vehicular accessways and along major walk-ways of more than twenty-five (25) feet. Such lighting shall be directed onto driveways and walkways within the project, and away from dwelling units and adjacent properties, and shall be of a type approved by the building department. E. Residential Standards. A commercial planned development, where it includes residential units, shall meet the residential standards of Sections 17.22.040 through 17.22.060. F. Technical Standards.
G. Compliance with Fire Protection Standards Prior to Final Map Approval. All condominium projects shall be subject to review by the fire department to determine whether the current water delivery system complies with the city's fire flow requirements as they would apply to new construction, and if not, whether the installation of additional water service improvements should be required for fire protection purposes. The subdivider shall install such additional water service improvements as may be specified by the fire department, in accordance with city standards and specifications. Installation of required water service improvements shall be completed prior to approval of the final map unless an agreement for this subsequent installation is entered into between the subdivider and the city. A smoke detection system which rings a local alarm system and transmits a signal to the fire department dispatch shall be provided. A final report shall be submitted by the fire department by the time a final map is filed, or a permit becomes effective. (Ord. 96-1146 §§ 1 (part), 2, 3, 1996; prior code Appx. A, § 7.2-13) HomePage | Code Index | Zoning Index | Top of Page
17.22. 140 Construction, maintenance and development--Commercial/industrial--Certification of occupancy. No condominium or planned unit development project may be occupied until a certificate of occupancy is issued by the building department. An occupancy certificate shall not be issued until all the requirements of Sections 17.22.070 through 17.22.140 and the conditional use permit are satisfied. (Prior code Appx. A, § 7.2-14) HomePage | Code Index | Zoning Index | Top of Page
17.22. 150 Conversions to residential--Findings and intent. A. Effect Upon Community. Condominium conversions, community apartments and stock cooperative projects provide for individual ownership or its functional equivalent of separate dwelling units which usually are in close proximity to one another. The area surrounding the dwelling units is a common area that is normally managed and maintained by the individual owners of dwelling units in accordance with an owner's association agreement. These hybrid forms of ownership, that mix individual ownership and ownership in common, magnify the impact on public health, safety, welfare, convenience and economic prosperity of a large community when conditions of poor land use and site planning, mismanagement, neglect and blight are allowed to occur. Additionally, the conversion of existing apartment and other multiple-family dwelling structures into condominium conversions, community apartments or stock cooperative apartments has the potential of displacing long-term residents, particularly senior citizens and families with school-age children, who may be required to move from the community due to shortage of replacement rental housing. B. Findings. The city finds and determines that condominium conversion, community apartment and stock cooperative projects differ from apartments in numerous respects and for the benefit of public health, safety and welfare, such projects should be treated differently from apartments. C. Intent. The city council therefore states its expressed intent to treat such projects differently from apartments and like structures and to adopt regulations for the protection of the community, displaced tenants, and the purchasers of condominium conversions, community apartment projects and stock cooperative projects. The city seeks to avoid the unique problems that beset condominium conversion, stock cooperative and community apartment projects and it further seeks to provide and ensure a reasonable balance of rental and ownership housing in the city and a variety of individual choices of tenure, type, price and location of housing, and to maintain a supply of rental housing for low and moderate income persons and families. (Prior code Appx. A, § 7.2-15) HomePage | Code Index | Zoning Index | Top of Page
17.22. 160 Conversions to residential--Purpose. The city has a responsibility to the health and welfare of its citizens and of the general public to properly regulate the creation of new ownership and group ownership housing units in the community created by condominium conversions, community apartments and stock cooperatives. The city does have jurisdiction over these forms of housing unit sale and creation and does hereby note its intention to exercise that authority. Stock cooperatives, community apartments and condominium conversions may be approved and created in accordance with the provisions of Sections 17.22.170 though 17.22.300: A. To establish criteria for the conversion of existing multiple rental housing to condominium conversions, community apartments or stock cooperatives; B. To reduce the impact of such conversions, community apartments or stock cooperatives on area residents and also residents in rental housing who may be required to relocate due to the conversion, community apartment or cooperative process; to provide for procedures for timely notification of area residents as well as for project residents and adequate time and assistance for any required relocation of project residents; C. To assure that purchasers of conversions, community apartments or cooperative housing have been properly informed as to the physical condition of the structure which is offered for purchase, or as part of a cooperative project; D. To ensure that converted housing achieves a high degree of appearance, quality and safety and is consistent with the goals of the city, specifically those specified in the city's general plan; E. To provide reasonable balance of ownership and rental housing in Hermosa Beach and a variety of choices of tenure, type, price and location of housing, and maintain an adequate supply of rental housing for low and moderate income persons and families; F. To assure that ownership or group ownership units have design and amenities that would be attractive to more long-term residents and not be a more fragmented ownership form of rental housing. (Prior code Appx. A, § 7.2-16) HomePage | Code Index | Zoning Index | Top of Page
17.22. 170 Conversions to residential--Conditional use permit required--Public hearing--Appeal. Condominium conversions, community apartments and stock cooperatives shall require a conditional use permit from the planning commission. Said permit if approved by the commission in a public hearing shall be subject to approval or denial by the city council. The actions of the planning commission in regard to a request for condominium conversion, community apartment or stock cooperative may be appealed in writing to the city council within ten days of the formal action by the commission. (Prior code Appx. A, § 7.2-17) HomePage | Code Index | Zoning Index | Top of Page
17.22. 180 Conversions to residential--Public hearing--Notice. The planning commission shall hold a duly noticed public hearing on a request for condominium conversion, stock cooperative or community apartment. Notice of said hearing shall be given pursuant to city council resolution and shall be given to existing project residents and residents and owners within three hundred (300) feet of the proposed project. (Prior code Appx. A, § 7.2-18) HomePage | Code Index | Zoning Index | Top of Page
17.22. 190 Conversions to residential--Information prerequisite to filing permit and/or tentative map application. No tentative map or application for permit shall be received for filing unless it is accompanied by the following: A. Notice of Intent. A notice of intent to convert shall be delivered to each tenant sixty (60) days prior to application for a permit. Evidence of receipt shall be submitted with the tentative map. The form of the notice shall be as approved by the planning and environmental services department and shall contain not less than the following:
and other information may be required as deemed necessary. B. Schedule of Rents. A schedule of rents for each unit showing charges occurring in the previous six-month period. C. Tenant Assistance Plan. A proposed tenant assistance plan completed in accordance with Section 17.22.200. (Prior code Appx. A, § 7.2-19) HomePage | Code Index | Zoning Index | Top of Page
17.22. 200 Conversions to residential--Tenant assistance plan. A tenant assistance plan must contain the following components: A. Location of Replacement Rental Housing--Option to Purchase. A statement of method by which tenants will be assisted by the subdivider or his agents in finding comparable replacement rental housing within the area of the conversion, including professional relocation assistance to those who do not choose to purchase, and will be given first option to purchase units and methods of assistance in purchasing said units, including tenant purchase discounts; B. Compliance with State Subdivision Map Act. A statement of the method by which the subdivider will comply with the requirements of Section 66427.1 of the State Subdivision Map Act (Title 7, Division 2 of the Government Code). Such method must provide that no tenant shall be required to move from his or her apartment due to the proposed conversion until the expiration of the two-month period for exercise by the tenant of his or her right of first refusal pursuant to Section 66427.1(b) of the State Subdivision Map Act (Title 7, Division 2 of the Government Code). Said two-month period shall not commence as to any tenant until such tenant has received written notification of issuance of the final public report of the department of real estate and such tenant's right to contract for the purchase of his or her unit as a specified purchase price for sixty (60) days following the date of such notification; C. Reimbursement for Moving Costs Incurred. A statement of a method by which the subdivider or his agents will reimburse each tenant within thirty (30) days for costs actually incurred in relocating from his apartment due to the planned conversion to a common ownership unit with a maximum of one and one-half times the unit's monthly rent, as well as for moving expenses actually incurred, not to exceed five hundred dollars ($500.00); D. Extension of Tenancy to Complete School Term. A statement of method by which the subdivider will assure that each tenant who attends, whose spouse attends or dependent child attends school at the time that the notice of termination of tenancy (as required by Section 66427.1 of the State Subdivision Map Act) is given will be granted an extension of tenancy as necessary to permit such person to complete the school year, semester, or quarter (whichever is the minimum school term) as he or she is enrolled in at such time. As used herein, "school" includes any public elementary school or secondary school, college, community college, university or vocational school; E. Bond. No tentative map or permit shall be approved except upon the condition that a secured, written agreement satisfactory to the city council be entered into between the city and the subdivider for the benefit of each tenant, by which the subdivider covenants to carry out the terms of a tenant assistance plan, as finally approved by the council. Such agreement must be secured by a bond or bonds by one or more duly authorized corporate sureties in a total amount equal to one thousand dollars ($1,000.00) multiplied by the total number of units, and the total amount of said bond or bonds shall be security for each and every obligation to any tenant undertaken by the subdivider in such agreement.
F. Vacation of Units. Each nonpurchasing tenant not in default under the obligation of the rental agreement or lease under which he occupies his unit shall have not less than one hundred eighty (180) days from the date of receipt of notice of intent to find substitute housing and to relocate. After submittal of an application for a permit any prospective tenants shall be notified of the intention to convert or create a cooperative or community apartment prior to leasing or renting any unit, and all the provisions of this section shall not apply to that tenancy; G. No Increase in Rents. A tenant's rent shall not be increased for one year from the time of the filing of the request for permit until relocation takes place or until the project is denied or withdrawn; H. Special Cases. Any nonpurchasing tenant age sixty-two (62) or older or handicapped or with minor children in school shall be given at least an additional six months in which to find suitable replacement housing. If the comparable replacement housing rent is greater than the existing unit rent, then the applicant shall pay the differential up to a maximum of one hundred dollars ($100.00) for up to six months. (Prior code Appx. A, § 7.2-20) HomePage | Code Index | Zoning Index | Top of Page
17.22. 210 Conversions to residential--Required documents and information on permit application. A. Compliance. No tentative map or permit application shall be deemed filed until the applicant has complied with the requirements of this section. B. Physical Report. In addition to the information required by other applicable sections, a report on the physical elements of all structures and facilities in the proposed conversion or cooperative shall be submitted with a conditional use permit application. Said report shall be prepared at the applicant's expense including the provisions of subsection B(1) below, which shall be prepared by the city or its designee. Said report shall include but not be limited to the following:
C. Declaration of Covenants, Conditions and Restrictions. A copy of the project's declaration of covenants, conditions and restrictions. D. Special Project Information. Special project information including but not limited to:
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17.22. 220 Conversions to residential--Declaration of covenants, conditions and restrictions. No tentative map or permit shall be approved except upon the condition that a declaration of covenants, conditions and restrictions be approved by the planning director and the city attorney prior to the approval of the final map, providing the following: A. Perpetual maintenance, by the associated owners, in good sanitary and attractive condition of all common areas and improvements, including landscaping areas, walls, driveways, parking areas, trash areas and buildings, in accordance with plans and documents on file in the department of building and safety of the city. The management structure shall be in existence for the life of the building and said structure must be clearly delineated; B. Prohibition of the parking or storage of trailers, boats and recreational vehicles, except in such areas reserved for the storage thereof as may be provided in the plans and documents on file with the department of building and safety. Parking for each unit shall be assigned and designated, shall not be transferable, and cannot be separately sold or rented; C. As to the above requirements, a power of enforcement to the city, exercisable in the discretion of the council, and a prohibition against any relinquishment, amendment or deletion of such requirements without the consent of the council; D. There shall be no restriction or discrimination with regard to residency in the project on basis of age; E. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protection appliances shall be maintained in an operable condition at all times by the homeowners association. (Prior code Appx. A, § 7.2-22) HomePage | Code Index | Zoning Index | Top of Page
17.22. 230 Conversions to residential--Structural pest report required prior to final map approval. No final map shall be approved for a conversion project until the applicant has filed with the planning director a current structural pest control inspection report issued on each structure and each unit within the structure by a licensed structural pest control operator, showing the subject premises to be free of evidence of termites, dry rot, fungi and/or damage therefrom. Such a report shall be deemed current for a period of not more than ninety (90) days following the date or the inspection. (Prior code Appx. A, § 7.2-23) HomePage | Code Index | Zoning Index | Top of Page
17.22. 240 Conversions to residential--Compliance with fire protection standards prior to final map approval. Each conversion project shall be subject to review by the fire department to determine whether the current water delivery system complies with the city's fire flow requirements as they would apply to new construction, and, if not, whether the installation of additional water service improvements should be required for fire protection purposes. The subdivider shall install such additional water service improvements as may be specified by the fire department, in accordance with city standards and specifications. Installation of required water service improvements shall be completed prior to approval of the final map unless an agreement for the subsequent installation is entered into between the subdivider and the city. Smoke detectors shall be provided for each unit. A final report shall be submitted by the fire department by the time a final map is filed, or a permit becomes effective. (Prior code Appx. A, § 7.2-24) HomePage | Code Index | Zoning Index | Top of Page
17.22. 250 Conversions to residential--Approval of final map--Affidavit--Grounds for denial. A. Affidavit Required. The findings required by Section 66427.1 of the State Subdivision Map Act (Title 7, Division 2 of the Government Code) shall not be made unless the subdivider or his agent files an affidavit or declaration under penalty of perjury including the following:
B. Grounds for Denial. The findings required by Section 66427. I of the State Subdivision Map Act (Title 7, Division 2 of the Government Code) shall not be made if, based on the subdivider's declaration and such other evidence as may be presented to the council, the council determines that the subdivider or his agent has engaged in any pattern or practice designed to avoid his obligations to the tenants under said section. (Prior code Appx. A, § 7.2-25) HomePage | Code Index | Zoning Index | Top of Page
17.22. 260 Conversions to residential--Required findings for approval of application. The planning commission and the city council must make the following findings in order to approve a project and grant a permit: A. Proposed project is consistent with the general plan; B. All provisions of this title and referenced codes have been met; C. The overall design, physical condition and amenities of the project provide for livability and safety, and the project will not be a physical or financial burden to the city or neighborhood; D. Project provides an adequate program of tenant purchase and relocation assistance. (Prior code Appx. A, § 7.2-26) HomePage | Code Index | Zoning Index | Top of Page
17.22. 270 Conversions to residential--Issuance of certificate--Fee. A condominium conversion, stock cooperative or community apartment certificate will be issued by the city upon city approval of a conditional use permit and map approval, and upon payment of the required fees as established by resolution of the city council. Said fee is an infrastructure fee toward the physical and service structure of the community from which the development benefits. (Prior code Appx. A, § 7.2-28) HomePage | Code Index | Zoning Index | Top of Page
17.22. 280 Conversions to residential--Availability of reports to public and prospective buyers--Posting. The applicant shall make available to the general public and shall provide all potential buyers with a copy of the physical report prior to executing any purchase agreement or other contract to purchase a unit or share in the project, and the developer shall give the purchaser sufficient time to review said reports and the covenants, conditions and restrictions. Said reports at time of sale shall also be posted conspicuously at all times in any and all sales offices and at the project site. (Prior code Appx. A, § 7.2-29) HomePage | Code Index | Zoning Index | Top of Page
17.22. 290 Conversions to residential--Compliance with city codes and general plan. To achieve the purpose of this chapter, the planning commission shall require that condominium conversions, stock cooperatives and community apartments conform to the current requirements of the city codes, including building codes and Sections 17.22.020 through 17.22.060, and to the general plan of the city. (Prior code Appx. A, § 7.2-30) HomePage | Code Index | Zoning Index | Top of Page
17.22. 300 Conversions to residential--General standards for preexisting buildings. A. Building Structure and Safety. The building must comply with all current requirements of this chapter and all requirements of state laws and regulations pertaining to building structure and safety. B. Sound Transmission Standards. Sound transmission between dwelling units shall meet the requirements applicable to new buildings. C. Energy Insulation Standards. The building must comply with energy insulation standards of both the city and state applicable to new buildings to the extent that the following components are thereby required:
D. Separate Utility Shutoff Systems. The project shall provide for separate utility shutoff systems for each unit. E. Laundry Facilities. The project shall provide laundry facilities. F. Storage Space. Private lockable storage space of at least two hundred (200) cubic feet shall be provided for each unit. G. Building Security Standards. The building must comply with building security regulations as applicable to new buildings. (Prior code Appx. A, § 7.2-31) HomePage | Code Index | Zoning Index | Top of Page
17.22. 310 Conversions to commercial/industrial--Commercial/industrial conversion project defined. A "commercial/industrial conversion project" is a proposed conversion of an existing building in a commercial or manufacturing zone: A. Used exclusively for commercial or industrial purposes, or both; or B. Used exclusively for residential purposes as an existing apartment house, apartment hotel, hotel, multiple dwelling, or group dwelling; to a condominium or stock cooperative to be used exclusively for commercial or industrial purposes, or both. For purposes of this definition, the term "existing" means any building for which a certificate of occupancy was issued prior to the time of the application for conversion. (Prior code Appx. A, § 7.2-32) HomePage | Code Index | Zoning Index | Top of Page
17.22. 320 Conversions to commercial/industrial--Applicability. Sections 17.22.310 through 17.22.390 apply to the conversion of residential, commercial and industrial buildings to commercial and industrial condominiums. (Prior code Appx. A, § 7.2-33) HomePage | Code Index | Zoning Index | Top of Page
17.22. 330 Conversions to commercial/industrial--Purpose and intent. The purpose and intent of Sections 17.22.310 through 17.22.390 is to promote the standards for conversions to commercial and industrial condominiums and like developments as provided in Sections 17.22.150 and 17.22.160. (Prior code Appx. A, § 7.2-34) HomePage | Code Index | Zoning Index | Top of Page
17.22. 340 Conversions to commercial/industrial--Standards for uses. Only those uses permitted in Section 17.22.100 are permitted under Sections 17.22.310 through 17.22.390. (Prior code Appx. A, § 7.2-35) HomePage | Code Index | Zoning Index | Top of Page
17.22. 350 Conversions to commercial/industrial--Permits required-- Application procedures. A. Applicants shall secure the permits required and fulfill the conditions in Section 17.22.090. Additional requirements for conditional use permits application shall be a history of occupancy report including:
B. Applicants shall comply with Sections 17.22.170 through 17.22.190, 17.22.210 and 17.22.230. C. Compliance with Fire Protection Standards Prior to Final Map Approval. All condominium projects shall be subject to review by the fire department to determine whether the current water delivery system complies with the city's fire flow requirements as they would apply to new construction, and, if not, whether the installation of additional water service improvements should be required for fire protection purposes and those that indicate a greater occupancy load or more intense use would be subject to upgrade of water services and fire flow requirements. The subdivider shall install such additional water service improvements as may be specified by the fire department, in accordance with city standards and specifications. Installation of required water service improvements shall be completed prior to approval of the final map unless an agreement for this subsequent installation is entered into between the subdivider and the city. A smoke detection system which rings a local alarm system and transmits a signal to the fire department dispatch shall be provided. A final report shall be submitted by the fire department by the time a final map is filed, or a permit becomes effective. (Prior code Appx. A, § 7.2-36) HomePage | Code Index | Zoning Index | Top of Page
17.22. 360 Conversions to commercial/industrial--Tenant assistance plan. A tenant assistance plan must contain the following components: A. Location of Replacement Rental Housing--Option to Purchase. A statement of method by which tenants will be assisted by the subdivider or his agents in finding comparable replacement rental housing within the area of the conversion, including professional relocation assistance to those who do not choose to purchase, and will be given first option to purchase units and methods of assistance in purchasing said units, including tenant purchase discounts. B. Compliance with State Subdivision Map Act. A statement of the method by which the subdivider will comply with the requirements of Section 66427.1 of the State Subdivision Map Act (Title 7, Division 2 of the Government Code). Such method must provide that no tenant shall be required to move from his or her apartment due to the proposed conversion until the expiration of the two-month period for exercise by the tenant of his or her right of first refusal pursuant to Section 66427.1(b) of the State Subdivision Map Act (Title 7, Division 2 of the Government Code). Said two-month period shall not commence as to any tenant until such tenant has received written notification of issuance of the final public report of the department of real estate and such tenant's right to contract for the purchase of his or her unit at a specified purchase price for sixty (60) days following the date of such notification. C. Reimbursement for Moving Costs Incurred. A statement of a method by which the subdivider or his agents will reimburse each tenant (who lived there at the time of filing of application to convert) within thirty (30) days for cost actually incurred in relocating from his unit due to the planned conversion to a common ownership unit. The tenant of any unit shall receive moving expenses equal to three months' rent. The moving expenses shall be due and payable at the time of moving. Relocation payments may be applied to down payments for those tenants purchasing units. D. Extension of Tenancy to Complete School Term. A statement of method by which the subdivider will ensure that each tenant who attends, whose spouse attends or dependent child attends school at the time that the notice of termination of tenancy (as required by Section 66427.1 of the State Subdivision Map Act) is given, will be granted an extension of tenancy as necessary to permit such person to complete the school year, semester or quarter (whichever is the minimum school term) as he or she is enrolled in at such time. As used herein, "school" includes any public or private elementary school or secondary school, college, community college, university or vocational school. E. Bond. No tentative map or permit shall be approved except upon the condition that a secured, written agreement satisfactory to the city council be entered into between the city and the subdivider for the benefit of each tenant, by which the subdivider covenants to carry out the terms of a tenant assistance plan, as finally approved by the council. Such agreement must be secured by a bond or bonds by one or more duly authorized corporate sureties in a total amount equal to one thousand dollars ($1,000.00) multiplied by the total number of units, and the total amount of said bond or bonds shall be security for each and every obligation to any tenant undertaken by the subdivider in such agreement.
F. Vacation of Units. Each nonpurchasing tenant not in default under the obligation of the rental agreement or lease under which he occupies his unit shall have not less than one hundred eighty (180) days from the date of receipt of notice of intent to find substitute housing and to relocate. After submittal of an application for a permit any prospective tenants shall be notified of the intention to convert or create a cooperative or community apartment prior to leasing or renting any unit, and all the provisions of this section shall not apply to that tenancy. G. No Increase in Rents. A tenant's rent or, if applicable, the percentage of gross sales agreed upon as compensation for occupancy, shall not be increased for one year from the time of the filing of the request for permit, unless one of the following conditions takes place:
H. Special Cases. Any nonpurchasing tenant age sixty-two (62) or older or handicapped or with minor children in school shall be given at least an additional six months in which to find suitable replacement housing. If the comparable replacement housing rent is greater than the existing unit rent, then the applicant shall pay the differential up to a maximum of one hundred dollars ($100.00) for up to six (6) months. I. Tenants Not Eligible for Moving Expenses. After filing application to convert, all new tenants shall be informed in writing of such, and shall not be eligible for moving expenses. J. Coercion of Tenants by the Applicant. No conversion shall be approved if the applicant has engaged in retaliatory action regarding the tenants in order to coerce them into supporting the application for conversion. (Prior code Appx. A, § 7.2-37) HomePage | Code Index | Zoning Index | Top of Page
17.22. 370 Conversions to commercial/industrial--General design standards. The project shall comply with Section 17.22.130. Additionally, a minimum of two parking spaces per unit shall be required. Each unit shall have its own electric meter and shut-off system, and the same shall apply to gas when it is possible. No condominium or planned unit development project may be occupied until a temporary or permanent certificate of occupancy is issued by the building department. An occupancy certificate shall not be issued until all the requirements of Sections 17.22.310 through 17.22.390 are satisfied. Meter and shut-off system requirement is to be met within sixty (60) days of closing of escrow of each unit. (Prior code Appx. A, § 7.2-38) HomePage | Code Index | Zoning Index | Top of Page
17.22. 380 Conversions to commercial/industrial--Covenants, conditions and restrictions. The project shall conform with Section 17.22.120 and where residential units are included in a commercial planned development, the project shall conform with Section 17.22.220. (Prior code Appx. A, § 7.2-39) HomePage | Code Index | Zoning Index | Top of Page
17.22. 390 Conversions to commercial/industrial--Approval of final map--Affidavit--Grounds for denial--Required findings for approval. All commercial/industrial condominium conversions shall meet the requirements of Sections 17.22.250 through 17.22.280 and 17.22.300 (with the exception of subsections (E) and (F). (Prior code Appx. A, § 7.2-40) HomePage | Code Index | Zoning Index | Top of Page
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