The purpose of this chapter is to:
(a) 
Provide design and property improvement standards for condominium and condominium conversion projects;
(b) 
Ensure that a homeowners' association for residential projects or a property owners' association for commercial/industrial projects is established that is adequately funded and organized to repair and maintain all common areas, infrastructure and structures;
(c) 
Ensure that all condominium projects, including condominium conversion projects, provide necessary and useable easements to, and for, open space, ingress, egress, and utility and structure repair and maintenance;
(d) 
Ensure that all condominium projects, including conversion projects, provide inclusionary housing units under the City's Inclusionary Housing Policy;
(e) 
Ensure that the City maintains an adequate supply of rental multiple dwelling units affordable to lowerand moderate-income persons and a diversity of housing types, in compliance with the land use element and housing element of the City's General Plan;
(f) 
Reduce the impact of condominium conversions on residents of rental housing who may be required to relocate;
(g) 
Ensure that housing converted to condominiums is constructed at a standard that is consistent with current building codes;
(h) 
Ensure that all common areas are readily useable and accessible to all residents.
(Ord. 523 § 2, 2007)
The following definitions are applicable to this chapter:
Affordable Ownership Cost.
A reasonable down payment and an average monthly housing cost during the first calendar year of occupancy, including mortgage loan principal and interest, mortgage insurance, property taxes and property assessments, homeowners insurance, homeowners association dues, if any, and all other dues and fees assessed as a condition of property ownership, which does not exceed: (a) one-twelfth (1/12) of 30% of 50% of area median income for very low-income households; (b) one-twelfth (1/12) of 30% of 80% of area median income for lower-income households; or (c) one-twelfth (1/12) of 30% of 120% of area median income for moderate-income households. However, within redevelopment project areas, monthly housing costs shall not exceed: (a) one-twelfth (1/12) of 30% of 50% of area median income for very low-income households; (b) one-twelfth (1/12) of 30% of 70% of area median income for lower-income households; or (c) one-twelfth (1/12) of 35% of 110% of area median income for moderate-income households. In calculating the affordable ownership cost of a unit, area median income shall be adjusted for assumed household size based on unit size.
Affordable Rent.
Monthly rent, including a reasonable utility allowance and all mandatory fees charged for use of the property, which does not exceed: (a) one-twelfth (1/12) of 30% of 50% of area median income for very low-income households; (b) one-twelfth (1/12) of 30% of 60% of area median income for lower-income households; and (c) one-twelfth (1/12) of 30% of 110% of area median income for moderate-income households. In calculating affordable rent for a unit, area median income shall be adjusted for assumed household size based on unit size.
Area Median Income.
The annual median income for San Luis Obispo County, adjusted for household size, as published periodically in the California Code of Regulations, Title 25, Section 6932, or its successor provision, or as established by the City of Atascadero in the event that such median income figures are no longer published periodically in the California Code of Regulations.
Assumed Household Size.
One person in a studio unit, two persons in a one bedroom unit, three persons in a two bedroom unit, four persons in a three bedroom unit, and one additional person for each additional bedroom.
Condominium Project.
Any common interest development as defined in Civil Code Section 1351, whether designed for residential, commercial or industrial use, including, but not limited to, a condominium, planned development, stock cooperative or community apartment project.
Condominium Conversion.
The conversion of existing dwelling units that have been approved for occupancy and cannot be sold individually into a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project) or into any other ownership type in which the dwelling units may be sold individually; or the conversion of existing nonresidential space into a common interest development as defined in Civil Code Section 1351.
Disabled Person.
A person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having such an impairment, or anyone who has a record of such an impairment, as defined in the Federal Fair Housing Act or Americans with Disabilities Act.
Lower-Income Household.
A household whose income does not exceed the lower-income limits applicable to San Luis Obispo County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.
Moderate-Income Household.
A household whose income does not exceed the moderate-income limits applicable to San Luis Obispo County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.
Residential Development.
All dwelling units located on one parcel or on contiguous parcels and owned, operated, or managed by one entity, or which were constructed as part of one development project.
Very Low-Income Household.
A household whose income does not exceed the lower-income limits applicable to San Luis Obispo County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.
(Ord. 523 § 2, 2007)