This chapter shall apply to common interest developments that
have at least one residential unit.
(Ord. 4058, 1980; Ord. 5380, 2005)
For the purposes of this chapter, condominium shall include
any residential condominium, community apartment or stock cooperative.
(Ord. 4058, 1980)
The City Council finds and determines that residential condominiums
differ from apartments 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 apartments. The City Council, therefore,
declares its express intent to treat such projects differently from
apartment and like structures and to adopt development standards for
the protection of the community and the purchasers of condominiums
to:
A.
Insure
that condominium developments achieve a high quality appearance and
safety, and are consistent with the goals of the City's General Plan
and conform with the density requirements of the General Plan's Land
Use Element; and
B.
Attempt
to provide a reasonable variety of choice for type and location of
housing in Santa Barbara; and
C.
Establish
criteria for development of condominiums.
(Ord. 4058, 1980)
Condominium projects may be permitted in the residential single unit zones subject to the issuance of a Conditional Use Permit as set forth in Chapter 28.36 of this code. Condominium projects may be permitted in the R-2, R-3 and R-4 zones (Title 28) or the R-2, R-M and R-MH zones (Title 30) subject to the requirements and standards set forth in this chapter. In addition, condominium projects may be permitted in all other zones where appropriate and generally permitted except in the R-D and M-1 (Title 28) and M-I (Title 30) zones.
(Ord. 4058, 1980; Ord. 5271, 2003; Ord. 5798, 2017)
No condominium project or portion thereof shall be approved
in whole or in part, unless it complies with all requirements of this
title and has been reviewed and approved by the Advisory Agency. Prior
to approval and recordation of the final map, the required conditions,
covenants and restrictions shall be submitted to, be reviewed by and
approved by the City Attorney. These conditions, covenants and restrictions
shall contain the following:
A.
Allocation
of parking spaces within the project;
B.
Restrictions
regarding the storage of recreation vehicles;
C.
Provision
for the Homeowners Association to maintain all open spaces and/or
common areas within the project;
D.
Waiver
to protest formation of public improvement districts.
(Ord. 4058, 1980)
In addition to the requirements of the zone in which a project
is located, the following standards shall be required for all condominium
projects:
B.
Private
Storage Space. Each unit shall have at least 300 cubic feet of enclosed,
weatherproofed and lockable private storage space provided in one
location in addition to the guest, linen, pantry, and clothes closets
that are customarily provided. This requirement may be waived for
a unit if an enclosed garage is provided for that unit.
C.
Utility
Metering.
1.
The
consumption of gas and electricity within each unit shall be separately
metered so that the unit's owner can be separately billed for each
utility.
2.
A
water shut-off valve shall be provided for each unit or for each plumbing
fixture.
3.
Each
unit having individual meter(s) or heater(s) shall have access to
its meter(s) and heater(s) which shall not require entry through another
unit.
4.
Each
unit shall have its own panel, or access thereto, for all electrical
circuits which serve the unit.
5.
An
exception may be granted to the above restrictions when heat or power
is provided by means of solar energy.
D.
Laundry
Facilities. A laundry shall be provided in each unit; or if common
laundry areas are provided, such facilities shall consist of not less
than one automatic washer and one dryer for each five units or a fraction
thereof.
E.
Public
Improvement Districts. The applicant shall waive the right, through
deed restriction, to protest the formation of public improvement districts
as deemed appropriate by the Advisory Agency.
F.
Density.
The maximum number of dwellings may not exceed the zone in which the
project is located (including slope density requirements where applicable).
G.
Unit
Size. The enclosed living or habitable area of each unit shall be
not less than 400 square feet.
H.
Open Yard. Outdoor living space, open space, and open yard shall be provided as set forth in Section 28.18.060 for R-2 zoned lots and Section 28.21.081 for R-3 or less restrictive zoned lots (Title 28) space or Section 30.140.150 (Title 30).
I.
Storage
of Recreational Vehicles. The provision for storage space of recreational
vehicles shall be determined by the Advisory Agency at the time of
the approval of the tentative map.
(Ord. 4058, 1980; Ord. 4085, 1980; Ord. 4912, 1995; Ord. 5380, 2005; Ord. 5798, 2017)
The Community Development Department shall prepare a listing
of required information that must be contained in applications for
a condominium development as the Department deems necessary to comply
with the intent of this chapter and other parts of this code. This
listing of required information that must be contained in applications
for condominium developments, shall be made available to architects,
developers, engineers, property owners and other interested individuals.
No application for development need be processed until the required
information is submitted.
(Ord. 4058, 1980; Ord. 5380, 2005)
The Advisory Agency shall review each condominium development
as to its effect upon sound community planning, the ecological, cultural,
and aesthetic qualities of the community, on the community's public
health, safety, and welfare. The Advisory Agency shall not approve
a condominium development unless it finds that:
A.
There
is compliance with all provisions of this chapter; and
B.
The
proposed development is consistent with the General Plan of the City
of Santa Barbara; and
C.
The
proposed development is consistent with the principles of sound community
planning and will not have an adverse impact upon the neighborhood's
aesthetics, parks, streets, traffic, parking and other community facilities
and resources.
(Ord. 4058, 1980; Ord. 4498, 1988; Ord. 5380, 2005)
