The purpose of this Chapter is to establish development standards and special conditions for the protection of the community and purchasers or renters of both new and converted residential and commercial condominiums, community apartment projects, and stock cooperatives, and the lessors of cooperative apartments, consistent with the goals, objectives, and policies of the General Plan.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
All new or converted residential and commercial condominiums, community apartment projects, stock cooperatives, and cooperative apartments for which a development application was deemed complete shall require approval of Tentative Map pursuant to Chapter 9.54, in addition to compliance with Section 9.24.030, Condominiums establishing additional minimum requirements for condominiums and any and all requirements of Chapter 9.54 for preparation, review, and approval of a Subdivision Map.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
Except as otherwise provided by law, the following minimum requirements shall be imposed on any condominium project:
A. 
Residential Parking. Off-street parking shall be provided and used pursuant to standards for new construction in accordance with Chapter 9.28, Parking, Loading, and Circulation. Required off-street parking spaces shall be covered and located within the same structure as the dwelling units for which they are required.
B. 
Nonresidential Parking. Off-street parking shall be provided in an amount not less than required for the use or uses in the project pursuant to standards for new construction in Chapter 9.28, Parking, Loading, and Circulation.
C. 
Setback and Height Requirements. All new condominium projects shall comply with property development standards for the District in which the condominium project is to be located. Nothing in this Section shall be construed to prohibit the imposition of more restrictive requirements as a condition of approval by the Planning Commission, or City Council on appeal or review, when necessary to protect the public health, safety, or general welfare, based upon appropriate findings.
D. 
Covenants, Conditions, and Restrictions. The Covenants, Conditions, and Restrictions (CC&Rs) for the new or converting condominium project shall include an agreement by the subdivider that the following shall be guaranteed by the subdivider:
1. 
Common area items, including, but not limited to, the roof, plumbing, heating, air-conditioning, and electrical systems until one year elapses from the date of the sale of the last individual unit sold;
2. 
Items provided or installed within individual units by the subdivider, including, but not limited to, appliances, fixtures, and facilities for a period of one year from the date of close of escrow of each individual unit;
3. 
Adequate provisions for maintenance, repair, and upkeep of common areas;
4. 
Provisions that in the event of destruction or abolishment, reconstruction shall be in accordance with codes in effect at the time of such reconstruction; and
5. 
Provisions for dedication of land or establishment of easements for street widening or other public purpose.
E. 
The CC&Rs shall provide that the non-subdivider owners have the right to select or change the management group or the homeowner association 90 days after sale or transfer of title of 51 percent of the units. The CC&Rs shall be reviewed by the City Attorney. The subdivider shall agree not to change the CC&Rs submitted to obtain City approval of a new or converting condominium project without the consent of the City Attorney. The CC&Rs shall provide that subsequent owners agree to make no changes in the CC&Rs imposing restrictions on the age, race, national origin, handicap, sex, marital status or other similar restrictions of occupants, residents, or owners.
F. 
Estimated Costs of Maintenance. The subdivider shall submit an estimate of, and guarantee for, the maintenance costs for a period of 24 months beginning at the close of escrow on the first unit sold. The subdivider is responsible for all costs of normal maintenance in excess of the estimate.
G. 
Utility Meters. No gas or electric meters shall be located within the required front or street side setback areas.
H. 
Hazardous Materials Review. Prior to the demolition of any existing structure, the applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Department of Public Works. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light); polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries.
I. 
Public Works Review. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Public Works shall be reconstructed to the satisfaction of the Department of Public Works. However, nonconforming driveways of Historic Resources may be replaced or repaired in-kind. Approval for this work shall be obtained from the Department of Public Works prior to issuance of the building permits.
J. 
Hauling Materials from Site. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. Immediately after commencing dirt removal from the site, the general contractor shall provide the City with written certification that all trucks leaving the site are covered in accordance with this condition of approval.
K. 
Street Trees. Street trees shall be maintained, relocated, or provided in accordance with the City's Urban Forest Master Plan, per the specifications of the Department of Public Works and Chapter 7.40 of this Code (Tree Code). No street trees shall be removed without the approval of the Department of Public Works.
L. 
Construction Plan. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Public Works prior to issuance of a building permit. The approved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall:
1. 
Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect;
2. 
Describe how demolition of any existing structures is to be accomplished;
3. 
Indicate where any cranes are to be located for erection/construction;
4. 
Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction;
5. 
Set forth the extent and nature of any pile-driving operations;
6. 
Describe the length and number of any tiebacks which must extend under the property of other persons;
7. 
Specify the nature and extent of any dewatering and its effect on any adjacent buildings;
8. 
Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location;
9. 
Specify the nature and extent of any helicopter hauling;
10. 
State whether any construction activity beyond normally permitted hours is proposed;
11. 
Describe any proposed construction noise mitigation measures;
12. 
Describe construction-period security measures including any fencing, lighting, and security personnel;
13. 
Provide a drainage plan;
14. 
Provide a construction-period parking plan which shall minimize to the greatest extent feasible use of public streets for parking;
15. 
List a designated on-site superintendent;
16. 
Provide a construction materials recycling plan that seeks to maximize the reuse/recycling of construction waste;
17. 
Provide a plan regarding use of recycled and low-environmental impact materials in building construction;
18. 
Provide a construction period urban runoff control plan; and
19. 
Any other mitigation plan requirements established by the Department of Public Works.
M. 
Notice. The developer shall prepare a notice, subject to the review by the Director, that lists all construction mitigation requirements and permitted hours of construction, and identifies a contact person at City Hall as well as the developer who will respond to complaints related to the proposed construction. The notice shall be mailed to property owners and residents within a 500 foot radius from the subject site at least 5 days prior to the start of construction.
N. 
Signage. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. This sign shall also indicate the hours of permissible construction work.
O. 
Parking Areas. Parking areas and structures and other facilities generating wastewater with significant oil and grease content are required to pretreat these wastes before discharging to the City sewer or storm drain system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. In cases where settleable solids are present (or expected) in greater amounts than floatable oil and grease, a clarifier unit will be required. In cases where the opposite waste characteristics are present, an oil/water separator with automatic oil draw-off will be required instead. The Public Works Department will set specific requirements. Building Permit plans shall show the required installation.
P. 
Archaeology. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project owner's expense. A determination shall then be made by the Director to determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings.
Q. 
Security. A security gate shall be provided across the opening to the subterranean garage. If any guest parking space is located in the subterranean garage, the security gate shall be equipped with an electronic or other system which will open the gate to provide visitors with vehicular access to the garage without leaving their vehicles. The security gate shall receive approval of the Police and Fire Departments prior to issuance of a building permit.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A. 
No condominium conversion shall be approved unless:
1. 
Removal of residential units from the rental market has been approved by the Rent Control Board through issuance of a certificate of exemption or removal permit when required.
2. 
Tenants have been given a Tenant's Notice of Intent to Convert pursuant to the provisions of California Government Code Section 66427.1 (Subdivision Map Act) prior to filing a Notice of Pending Application to Convert with the City Planning Division, such notice to be given by the applicant and contain information as to tenants' rights under State and local regulations.
3. 
A Notice of Pending Application to Convert has been filed with the Planning Division prior to the filing of a Tentative Subdivision Map and Conditional Use Permit Application. The notice shall include a copy of the Tenants' Notice of Intent to Convert and a Building Condition and History Report prepared by a Building Inspection Service or similar agency acceptable to the Building Officer and Fire Marshal. The report shall contain such information set forth on forms to be provided by the Director, including, but not limited to: date of construction, a list of all repairs and renovations to be made, an analysis of building conditions and any violations of housing, fire, or building codes, a listing of the proposed improvements to be carried out and an estimated time schedule, the present rent schedule including type and length of tenancy, the estimated prices of the converted units, a copy of the proposed CC&Rs, and a Tenant Relocation Assistance Plan indicating the number of tenants interested in purchasing or relocating and specific plans for assisting in relocation of tenants. The subdivider shall furnish each prospective buyer with a copy of this Report together with the CC&Rs.
4. 
Within 60 days after the filing of a Notice of Pending Application to Convert, the Planning Division has prepared and delivered to the applicant a Conversion Report including a staff recommendation for approval or denial, a listing of conditions or requirements recommended as a basis for approval, and supportive reasons or justifications for such recommendations. No application for Tentative Subdivision Map or Conditional Use Permit shall be accepted for filing prior to preparation of a Conversion Report.
5. 
Tenants have been notified in writing of all public hearings in connection with an application for conversion and all tenants subsequent to the initial notice of intent shall be notified in writing of the pending conversion prior to occupancy.
6. 
The structural, electrical, fire, and life safety systems of the structure either are, or are proposed to be prior to the sale of the units, in a condition of good repair and maintenance, including such alterations or repairs as are required by the Building Officer.
7. 
The structure presently has, or is intended to have plumbing in sound condition, insulation of all water heaters, and where feasible, pipes for circulated hot water, individual gas and electrical meters, except in such cases where individual metering is clearly inadvisable or impractical, adequate and protected trash areas, and such other requirements as may be imposed as a condition of approval.
8. 
Written notice of not less than one year from the date of tentative approval has been given to all residential tenants to locate alternative housing.
9. 
For residential conversions, the Planning Commission, or City Council on appeal or review, determines that:
a. 
The conversion is consistent with the General Plan;
b. 
The vacancy factor of rental housing units in the City has exceeded 5 percent of the total rental housing inventory for a period of 90 days prior to the date of approval. In calculating the vacancy factor, the Planning Commission, or the City Council on appeal, shall consider the best available data, including, but not limited to, studies by State and City agencies including the Rent Control Board and data compiled by the Southern California Association of Governments. Existing rental units may be approved for conversion regardless of the vacancy factor where the Planning Commission determines that a new rental unit has or will be added by the subdivider to the City's housing inventory for each rental unit removed through conversion;
c. 
The subdivider has complied with such other requirements or conditions as the Planning Commission, or City Council on appeal, shall believe necessary or appropriate; and
d. 
No conversion of rental units to market-rate condominiums or cooperatives shall be permitted until the rental units demolished or converted in 1978 and 1979 are replaced.
B. 
No hotel or motel conversion to a condominium project or cooperative apartment shall be permitted.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015 ; Ord. No. 2606CCS § 9, adopted April 9, 2019)