For the purposes of this chapter, the words or phrases set out in this section shall have the following meanings.
"Association"means the organization or person who owns a lot, parcel, area, condominium or right of exclusive occupancy in a community apartment project;
"Common area"means an entire project excepting all residential dwelling units therein;
"Community apartment"means an estate in real property consisting of an undivided interest in common in a parcel of real property and the improvements therein coupled with the right of exclusive occupancy for residential purposes of an apartment located thereon;
"Community apartment project"means the conversion of an existing structure to a community apartment project containing two or more apartments to which there is the right of exclusive occupancy for residential purposes, including but not necessarily limited to condominiums, stock cooperatives, and community apartments;
"Community housing and community housing project"means a condominium project, as defined in Section
783 of the Civil Code; a community apartment project, as defined in Section
11004 of the Business and Professions Code, containing two or more rights of exclusive occupancy; a stock cooperative as defined in Section
11003.2 of the Business and Professions Code, containing two or more separately owned lots, parcels, or areas;
"Condominium"means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either an estate of inheritance or perpetual estate, an estate for life, or an estate for years, such as a leasehold or subleasehold;
"Conversion"means a change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined for a condominium project or a community apartment project regardless of the present or prior use of such land and structures and whether substantial improvements have been or are to be made to such structures;
"Developer"means the owner or subdivider with a controlling proprietary interest in the community housing project, or the person or organization making application hereunder;
"Director"means the Community Development Director of the City or his or her designee;
"Housing market area"means that area bounded within the City limits of the cities of Union City, Newark, Fremont and Hayward;
"Organizational documents"means the declaration of restrictions, articles of incorporation, bylaws and any contracts for the maintenance, management or operation of all or any part of the community housing project;
"Project"means a residential condominium project or community apartment project;
"Project improvements"means improvements consisting of all public roadway improvements, undergrounding utility improvements, and improvements to on-site utility networks as required by the unimproved street ordinance of the City or its successor;
"Recreational open space"means open space on the project, exclusive of the required setback areas, which shall be used exclusively for leisure and recreational purposes, for the use and enjoyment of occupants and their visitors of units on the project and to which such occupants and their visitors have the right of use and enjoyment. Accessory structures such as swimming pools, recreational buildings, and landscaped areas may be included as open space;
"Subdivision Map Act."The "Subdivision Map Act" shall refer to the subdivision law of the State of California commencing with Section
65000 of the California Government Code, or its successor;
"Unit"means the element of a residential condominium project which is not owned in common with the owners of other condominiums in the project or is a community apartment project to which an owner of an undivided interest in common in the community apartment project has the right of exclusive occupancy.
(Ord. 189-80 § 2, 1980; amended during 1990 republication)