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)