This Chapter shall be known as the "Planned Residential Developments
and Residential Condominiums Ordinance."
(Prior code § 2860; Ord. 1686(21) § 4)
The City Council finds and determines that residential condominiums
and planned residential developments differ from other residential
developments in numerous respects and, for the benefit of public health,
safety, and welfare, such projects, which are subject to the subdivision
regulations of the State of California, should be treated differently
from other residential developments. The City Council, therefore states
its express intent to set such standards and regulations different
from other residential developments.
(Prior code § 2861; Ord. 1686(21) § 4)
In general, unless the particular provision or the context otherwise requires, the definitions and provisions contained in this Section shall govern the construction, meaning and application of words and phrases used in this article, and except to the extent that a particular word or phrase is otherwise specifically defined in this Section, the definitions and provisions contained in Section
1.04.020 of this Code shall also govern the construction meaning, and application of words and phrases used in this Chapter. The definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.
"Amenity"
means an attractive or desirable physical feature designed
as a part of a planned development or condominium project. An amenity
shall satisfy either a recreational or practical need of the future
occupants of a project, increasing the comfort or convenience of said
occupants.
"Certificate of occupancy"
means a permit issued by the Fire Marshal/Building Official
of the City of Lompoc authorizing occupation of premises for intended
use.
"Condominium"
means condominium as defined in Section 783 of the Civic
Code: an estate of real property consisting of an undivided interest
in common areas, together with a separate right of ownership in space.
"Conversions"
means a change of legal occupation in rights to allow for
ownership of dwelling units that were previously rented or leased.
"Open space"
means landscaped areas, open patios, open walkways, lawns
and outdoor recreation areas, excluding areas covered by dwelling
units, garages, carports, parking areas or driveways.
"Organizational documents"
means covenants, conditions, and restrictions, articles of
incorporation; bylaws, and contracts for maintenance, management or
operation of all or part of a project and similar documents.
"Pest report"
means an inspection and written report conforming to the
requirements of Section 8516 of the
Business and Professions Code
of the State of California, including documentation of conditions
ordinarily subject to attack by wood-destroying pests and organisms.
"Planned development"
means planned development as defined in Section 11003 of
the
Business and Professions Code, a plan consisting of distinguishable
use activity areas, including separately owned parcels of land with
contiguous or nearby property owned in common.
"Project"
means the entire parcel of real property divided into units
for sale. Project also means a condominium (regular or conversion),
community apartment, planned development and stock cooperative.
"Property report"
means a descriptive analysis of the condition and estimate
of the remaining useful life of the following elements of a development:
roof, foundations, exterior paint, paved surfaces, mechanical systems,
electric systems, plumbing systems, sewage systems, sprinkler systems
for landscaping, utility delivery systems, central or community heating
and air conditioning systems, fire protection systems, standpipe systems,
and structural elements.
"Vacancy rate"
means the number of multiple-family dwelling units being
offered for rent or lease in the City, excluding condominiums, shown
as a percentage of the total number of multiple-family dwelling units
existing in the City, excluding condominiums. The rate shall be determined
by the Community Development Director or designee and shall be based
upon a three-month average of monthly electrical utility billings
ratios to be provided by the City of Lompoc Electrical Superintendent
each month.
(Prior code § 2862)
The following standards shall apply to all planned residential
developments and residential condominiums in addition to any other
requirements in the Zoning Code. If these standards conflict with
the requirements in the Zoning Code, these standards shall govern.
A. Amenities.
1. Minimum
amenities for a planned residential development or residential condominium
shall be provided as follows:
a. 2—24 dwelling units: one amenity;
b. 25—49 dwelling units: two amenities;
c. 50—99 dwelling units: three amenities;
d. 100+ dwelling units: four amenities, plus an additional amenity for
each 50 dwelling units beyond 100.
2. The project developer shall propose the size and type of amenities to be provided in accordance with the requirements of Subsection
(A)(1) of this Section. The Planning Commission and Subdivision Review Board shall review proposed recreational needs of project residents. Recreational amenities shall be designated to serve the anticipated inhabitants of the project. Credit for amenities against the requirement of land dedication or payment of fees for park facilities shall be given in accordance with Lompoc Municipal Code Section
16.44.080.
B. Parking.
Required off-street parking shall be provided in accordance with the
provisions of the Zoning Ordinance. Additional parking for storage
of recreational vehicles, trailers, and other miscellaneous vehicles
shall be provided at a rate of one space for each seven dwelling units.
If spaces for such vehicles are not provided, then project codes,
covenants, and restrictions shall prohibit recreational vehicle parking
within the project.
(Prior code § 2863; Ord. 1686(21) § 4)
A. Applicability.
This Section shall be applicable to all residential condominium conversion
proposals within the City of Lompoc.
B. Acceptance
of Application for Conversion to Condominium. An applicant may file
an application for conversion to a condominium provided that:
1. A
certificate of occupancy has been issued at least two years prior
to conversion; and
2. The net vacancy rate is seven and one-half percent or higher, or if the net vacancy rate is below seven and one-half percent and a reservation for conversion priority has been received by the applicant pursuant to Subsections
D and
E of this Section.
C. Vacancy
Rate. The net vacancy rate shall be calculated as follows:
1. The
number of apartment units in any individual request for conversion
shall be deducted from the number of multiple-family dwelling units
being offered for rent or lease in the City, excluding condominiums.
2. Using the resulting figure, the vacancy rate shall then be determined pursuant to Section
16.36.030.
D. Conversion
Ratio. On the last Friday in June of each year the Community Development
Director or designee shall tabulate the number of new multifamily
rental units, excluding condominiums, created in the City since the
previous July. This figure shall include government assisted housing
projects. The number resulting shall be the number of apartment units
which may be converted to condominiums during the succeeding twelve
months.
E. Conversion
Priority. On the first Monday in July of each year the Community Development
Director or designee shall accept applications for conversion to condominiums.
Applications fully meeting the submittal requirements in this Section
shall be accepted on a first-come-first-serve priority basis and any
conversion applications received above and beyond the conversion ratio
shall be prioritized accordingly. The priority list of conversion
requests shall expire on June 30th of each year. Resubmittals of conversion
requests shall be considered on the first Monday in July of each year.
F. Submittal
Process for Conversion to Condominium. A request for conversion of
rental units to condominium units shall be accompanied by the following,
submitted to the Community Development Department:
1. An
approved preliminary or precise development plan, as set forth in
this Title;
2. Application
for approval of a tentative map or parcel map as required by this
Title;
3. Organizational
documents to be reviewed and found acceptable by the City Attorney;
4. A
property report prepared by a registered civil engineer, structural
engineer, architect, or a licensed general contractor, and found acceptable
by the Fire Marshal/Building Official upon inspection of the structures;
5. Either
a properly prepared plan or written statement by the property owner
or agent detailing the manner of satisfaction of the requirements
of the following:
b. Sound and energy insulation;
f. Open space and recreational amenities. Landscaping and any alterations
to existing building design and façade;
G. Standards
for Conversion to Condominium. The following minimum standards shall
be required for conversion to a condominium:
1. Unit
Storage. At least 100 cubic feet, with a minimum horizontal service
area of 25 square feet of enclosed, weatherproofed, lockable storage
space shall be provided for each dwelling unit. Such storage space
shall be in addition to that ordinarily contained within a unit, such
as cabinets, pantry, and clothes closets. Such storage space may be
located at or separated from the dwelling unit.
2. Sound
and Energy Insulation. Walls, floors, and ceilings shall conform to
the sound and energy insulation performance criteria in Title 25 of
the
California Administrative Code, Section 1092, or its successor.
3. Separate
Metering of Utilities. The consumption of gas and electricity within
each unit shall be separately metered. Each unit shall have a water
valve shut-off and its own panel board for electric circuits. A master
water meter may serve the entire project.
4. Centralized
Waste Refuse Collection. An area shall be provided for centralized
waste refuse collection in a project of seven or more units. Such
areas shall be appropriately located and screened.
5. Parking. Required off-street parking shall be provided as described in Chapter
17.308 of the Zoning Ordinance.
6. Minimum
Open Space, Landscaping and Amenities. Open space, landscaping and
amenities shall be provided as set forth in Section 16.36.040(E).
In the case that the site already possesses unique and enjoyable features
for open space and amenity purposes that satisfy the intent of said
Section 16.36.040(E), the Planning Commission, upon considering the
recommendation of the Architectural Review Committee, may grant commensurate
deviations from the standards and guidelines in Section 16.36.040(E).
H. Approval
Process for Conversion to Condominium Preliminary Development Plans.
Notwithstanding any other provisions of this Code the procedure for
review and approval of preliminary development plans which are a part
of a request for conversion of rental units to condominium units is
set forth as follows:
1. Submission
of a preliminary development plan and materials as set forth in Section
16.36.040(C) of this Title.
2. Review
and approval of a preliminary development plan by the Community Development
Director or designee.
a. Approval Process for Conversion to Condominium.
i. The application for conversion to condominium shall be set for a
hearing before the Planning Commission. Notice of the time, place
and date of the hearing shall be given in the manner prescribed by
Government Code Sections 66451.3 and 66451.4.
ii. Based upon the staff reports, public testimony, and other evidence
received at the hearing the Planning Commission shall make a recommendation
to the City Council with regard to whether the application for conversion
shall be approved. Such recommendation shall be based upon findings
related to whether the proposed conversion will be consistent with
all applicable General and Specific Plans of the City of Lompoc.
iii.
After the Planning Commission has made its recommendation, the
application for conversion to condominium shall be set for a hearing
before the City Council. Notice of the time, place and date of the
hearing shall be given in the manner prescribed by
Government Code
Section 66451.3 and 66451.4.
iv. Based upon the Planning Commission recommendation, staff reports,
public testimony and other evidence received at the hearing the City
Council shall either approve or deny the application for conversion.
The decision shall be based upon findings related to whether the proposed
conversion will be consistent with all applicable General and Specific
Plans of the City of Lompoc.
I. Subdivision
Requirements.
1. Prior
to the construction, or conversion, and sale of any units, the applicant
shall have received all necessary approval to subdivide in conformance
to the precise development plan. Approval of any subdivision shall
be as required by this Title. With the submission of the tentative
map, the applicant shall provide for review by the City Attorney,
a copy of all organizational documents. These organizational documents
to show all conditions of the plans and specifications for the development
of the project as approved and the requirements of this Title.
2. Prior
to construction, or conversion, of any units, the applicant shall
have received all necessary approval of off-site improvement plans.
The City Engineer and Fire Marshal/Building Official shall review
and approve all grading plans.
(Prior code § 2866; Ord. 1686(21) § 4)