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.
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.
means a permit issued by the Fire Marshal/Building Official of the City of Lompoc authorizing occupation of premises for intended use.
means community apartment as defined in Section 11004 of the Business and Professions Code, containing two or more rights of exclusive occupancy.
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.
means a change of legal occupation in rights to allow for ownership of dwelling units that were previously rented or leased.
means landscaped areas, open patios, open walkways, lawns and outdoor recreation areas, excluding areas covered by dwelling units, garages, carports, parking areas or driveways.
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.
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.
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.
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.
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.
means stock cooperative as defined in Section 11003.2 of the Business and Professions Code; property consisting of dwelling units owned by a cooperation whereby the tenants are the shareholders of the corporation.
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:
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
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.
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:
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.
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.
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)