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;
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)