City of Escondido, CA AIR SPACE CONDOMINIUM AND COMMUNITY APARTMENT PROJECTS

Permit required for new condominium projects and conversions to condominium ownership. A condominium permit and design review shall be required for all condominiums to be constructed or for existing buildings to be converted to condominiums in the City of Escondido.

(1)

Application for a condominium permit shall be made to the director of development services, unless the action includes discretionary permits for which the planning commission or city council is the decision-making body.

(2)

The director shall prescribe the form and content of all condominium permit applications.

Exceptions to required permits. The following projects are not required to process a condominium permit through this article:

(1)

Condominiums requested concurrently with a planned development application pursuant to Article 19.

(2)

Condominiums requested concurrently with resident purchase of mobilehome parks pursuant to section 32-401 of Article 4 of Chapter 32, subdivisions.

(3)

Condominiums requested for a non-residential development entitlement application in conformance with the California Subdivision Map Act, and subject to the following provisions:

(A)

The project is not a mixed-use development that includes residential units.

(B)

A maintenance and replacement program, as well as a contingency fund is provided to adequately address required improvements to the satisfaction of the director of community development (for conversion projects only).

(C)

The developer files with the city, a declaration of covenants, conditions and restrictions pursuant to section 33-1108.

(D)

Public notice of the condominium project complies with section 33-1300(b) and (c).

(Ord. No. 2020-07, § 6, 5-6-20; Ord. No. 2023-06, § 3, 3-8-23)

§ 33-952 Commission action.

If required pursuant to section 33-951, the planning commission shall review the application for a condominium permit and recommendation of the planning division. A public hearing on the application shall be held in accordance with Division 6 of Article 61 of this chapter. A recommendation shall be forwarded to the city council if the action includes discretionary permits for which the city council is the decision-maker.

(Ord. No. 2020-07, § 6, 5-6-20; Ord. No. 2023-06, § 3, 3-8-23)

§ 33-953 Findings of commission and council.

Except as specifically addressed in section 33-955 of this article, the project meets current zoning, design review, drainage, engineering, fire protection, seismic and building code requirements as if the project were newly constructed. However, the conversion of existing legal nonconforming multifamily residential developments to condominium units is exempt from current density requirements providing no increased density is proposed. Conversion requests may also utilize the same administrative adjustment procedures available to new construction as specified in the underlying zone;

Required upgrades or modifications correcting a nonconforming condition may be permitted notwithstanding the provisions of section 33-1243 of this code, if the project otherwise conforms to applicable criteria;

Residential projects will contain architectural and site-planning features commonly found in projects that maintain a majority of owner-occupied units;

(d)

The project provides sufficient parking commensurate with its location and design;

(e)

The project's open space is well-designed, properly distributed, and does not unreasonably restrict disabled access;

(f)

The project conforms to the general plan and applicable zoning provisions. However, a conversion to residential condominiums may occur notwithstanding the fact that existing densities exceed currently permitted general plan densities provided no additional units are proposed;

(g)

The project's maintenance and replacement program adequately addresses required improvements and appears to be sustainable;

(h)

That all tenant notification and information, as required by the California Subdivision Map Act, this chapter, and the City of Escondido subdivision ordinance has been, or will be provided; and

(i)

That provisions have been made for the timely release of security deposits and provision of rental payment history reports if requested by existing residential tenants.

(Ord. No. 2020-07, § 6, 5-6-20)

§ 33-954 City council action.

If required pursuant to section 33-951, after the submission of a formal recommendation by the planning commission, the city council shall review the application and recommendation during a public hearing held in accordance with Division 6 of Article 61 of this chapter, and shall approve, modify or disapprove the condominium permit.

(Ord. No. 2020-07, § 6, 5-6-20; Ord. No. 2023-06, § 3, 3-8-23)

§ 33-955 Development standards.

Condominiums approved and authorized shall be developed or upgraded to comply with the city's current design review, building, seismic, drainage, engineering, zoning and fire protection standards for new construction. Limited departures, in accordance with applicable building code provisions, may be granted for condominium conversions providing that proposed conditions will substantially conform to current requirements, feasible upgrades have been provided, and no health and safety issues will exist.

Condominium permit approvals shall comply with the findings outlined in section 33-953 of this article. Additionally, minimum standards for residential condominium units include the following:

Minimum square footages as follows:

Studio	600 square feet
One-bedroom units	700 square feet
Two-bedroom units	800 square feet
Three-bedroom units	1,000 square feet
Additional bedrooms	150 square feet for each additional bedroom

Washer and dryer hook-ups in each unit.

Minimum of 80 cubic feet of private storage area for each unit with minimum dimensions of at least two feet. Said storage shall be in addition to normally expected cabinets and closets.

(Ord. No. 2020-07, § 6, 5-6-20)

§ 33-956 Physical element report.

As part of the application submittal for any requested conversion to condominium ownership, a building and site evaluation report shall be submitted to the planning division, detailing compliance with current zoning, building, engineering, seismic, drainage and fire codes, the condition of existing improvements, and a schedule for recommended replacement and upgrades. Each report shall evaluate approved project plans as well as as-built conditions. It shall identify and assess any exceptions from current codes and recommend remedial measures. The report shall include estimated remaining useful life and replacement cost of roofs, driveways, foundations, plumbing, electrical, heating, air conditioning, and other mechanical and structural systems. The report shall also document the presence or absence of lead-based paint and asbestos and outline mitigation as appropriate. It shall also evaluate the potential for incorporating arc-fault circuit interrupters, GFCI outlets per the current California Electrical Code, and sleeping room egress door or window openings that conform to current code requirements. Each component of the report shall be prepared by a professional engineer or qualified professional licensed in each subject area they address.

Requests for condominium conversions shall not be deemed complete until the following has been completed:

A copy of the completed physical inventory report has been distributed to existing tenants.

A minimum two week comment period has been provided.

All copies of resident responses have been submitted to the city.

(Ord. No. 2005-21 (RRR), § 1 Exh. 1, 8-24-05; Ord. No. 2015-14, § 4, 7-8-15)

§ 33-957 Contingency fund deposit.

The applicant is hereby required to establish a fund and deposit with the owners' association, a minimum sum of $1,000 per unit in any condominium conversion project. Higher per unit deposits may be required based on the condition of the facility, the nature of the required improvements, and the number of condominium units. Said deposit shall be used solely and exclusively as a contingency fund for emergencies which may arise relating to open space areas, exterior portions of units, and such other restoration or repairs as may be assumed by the owners' association or management corporation. Said funds shall be administered by the city until the unit owners take majority control of the association.

(Ord. No. 2005-21 (RRR), § 1 Exh. 1, 8-24-05; Ord. No. 2015-14, § 4, 7-8-15)

§ 33-958 Improvement security.

All required modifications and upgrades required of the condominium permit shall be secured and bonded or completed prior to recordation of the final subdivision map, to the satisfaction of the director of community development and city attorney. All necessary improvements shall be installed to the satisfaction of the director of community development prior to granting occupancy. The installation of improvements and grant of occupancy may be phased on a building-by-building basis consistent with the associated final subdivision map. Required security may be released incrementally as building occupancies are granted.

(Ord. No. 2005-21 (RRR), § 1 Exh. 1, 8-24-05; Ord. No. 2015-14, § 4, 7-8-15)

§ 33-959 Covenants, conditions and restrictions.

The developer shall be required to file with the city, a declaration of covenants, conditions and restrictions, pursuant to section 33-1108.

(Ord. No. 2005-21 (RRR), § 1 Exh. 1, 8-24-05; Ord. No. 2015-14, § 4, 7-8-15)

§ 33-960 Expiration and extensions.

The expiration or extension of a condominium permit shall be concurrent with the accompanying tentative map and in accordance with Chapter 32 of this code.

(Ord. No. 2005-21 (RRR), § 1 Exh. 1, 8-24-05; Ord. No. 2015-14, § 4, 7-8-15)

§ 33-961 Modifications.

Minor changes to a proposed condominium project may be approved administratively on a case-by-case basis based on the nature and scope of the proposed changes, or subject to planning commission approval, provided changes are consistent with the intent and purpose of the condominium permit approval. The director of community development shall determine the appropriate application type and fee.

(Ord. No. 2005-21 (RRR), § 1 Exh. 1, 8-24-05; Ord. No. 2015-14, § 4, 7-8-15)

§ 33-962 Filing fee.

The filing fee for a condominium permit shall be in the amount established by resolution of the city council. Fees shall also include copying and distribution costs associated with providing copies of the project staff report to existing tenants.

(Ord. No. 2005-21 (RRR), § 1 Exh. 1, 8-24-05; Ord. No. 2015-14, § 4, 7-8-15)

§ 33-963 Reporting to planning commission and city council.

The planning division will include in its staff report on all condominium conversion applications, statistical information regarding the number of apartment units converted to condominiums, and the percentage of multiple residential housing unit stock that has been converted.

(Ord. No. 2005-21 (RRR), § 1 Exh. 1, 8-24-05; Ord. No. 2015-14, § 4, 7-8-15)

§ 33-964 Required notices to tenants.

Condominium permits for the conversion of existing units are subject to all state-mandated notice requirements including:

Current tenants of the apartments to be converted must be notified through mail, a minimum of 60 days prior to the filing of the application;

Written notice of the proposed conversion, has been, and will continue to be given to all subsequent tenants;