In that condominiums often differ from apartments in several respects including design, construction and maintenance controls, it is necessary to adopt standards controlling both conversion of apartments to condominiums and development of condominiums for the protection of purchasers and the community at large. In order to achieve this objective, the Planning Commission is empowered to grant and to deny an application for a condominium conversion permit in such zones as are prescribed in the zone regulations and to impose reasonable conditions upon the granting of a condominium conversion permit, subject to the right of appeal to the City Council or to review by the City Council.
(Ord. 2004-884; Ord. 2019-1056 § 3)
A. 
The following condominium conversion development standards shall apply to all land and structures proposed as part of a condominium conversion project, and shall be evaluated and processed pursuant to the procedural requirements set forth for condominium conversion permits.
B. 
No condominium conversion project or portions thereof shall be approved or conditionally approved in whole or in part unless the Planning Commission, or City Council upon appeal or review, has considered and found the following:
1. 
That the overall impact on schools, parks, utilities, neighborhoods, streets, traffic, parking and other community facilities and resources will not endanger or jeopardize the public health, safety and general welfare;
2. 
That appropriate structural alterations or installation of noise attenuation materials are made, if necessary, to ensure minimum levels of noise transference and separation between condominium units;
3. 
That the building sought to be converted is, on the date of the conversion, in all respects in compliance with the building, planning, zoning, licensing, and any other laws applicable to new condominium construction on the date of the conversion;
4. 
That a copy of the Conditions, Covenants and Restrictions, or other condominium agreement, shall be approved by the City Attorney and filed in the office of the Planning Director, and shall set forth the occupancy and management policies for the project, as well as contain adequate and satisfactory provisions for maintenance, repair and general upkeep, such that in the event of destruction or abolishment, reconstruction shall be in accordance with all laws, codes and regulations in effect at the time of such reconstruction and provide that the written consent of a majority of the individual condominium unit owners shall be required in order to effect such reconstruction; and shall contain provisions for dedication of land or establishment of easements for street widening or other public purposes;
5. 
That at least three parking spaces per dwelling unit shall be provided of which at least two shall be within a carport or garage. Additional guest parking may be required if, in the judgment of the Planning Commission, it is required.
(Ord. 2004-884; Ord. 2019-1056 § 3)
Application for a condominium conversion permit shall be filed with the Community Development Director on a form prescribed by the Director and shall include the following:
A. 
Name and address of the applicant.
B. 
Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located.
C. 
Address and a legal description of the property.
D. 
Statement indicating the precise manner of compliance with each of the applicable provisions of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a conversion permit.
E. 
A list of all owners of property located within 300 feet of the exterior boundaries of the subject property and all tenants within the project; the list shall be keyed to a map showing the location of these properties.
F. 
A comprehensive building report which includes age, material and condition where applicable of the following:
1. 
Type and age of construction,
2. 
Walls, interior and exterior,
3. 
Plumbing,
4. 
Electrical,
5. 
Roof,
6. 
Walks,
7. 
Garaging,
8. 
Insulation,
9. 
Life safety systems,
10. 
Trash disposal,
11. 
Tiling,
12. 
Fixtures and appliances,
13. 
Drainage,
14. 
Landscaping,
15. 
Swimming pools, saunas, fountains, recreational facilities,
16. 
Driveways,
17. 
Walls and fences,
18. 
Stone or brickwork,
19. 
Heating,
20. 
Air conditioning,
21. 
Fireplace,
22. 
Floors,
23. 
Laundry facilities,
24. 
Exterior lighting,
25. 
Deferred maintenance,
26. 
Number and composition of existing tenants,
27. 
Length of existing leases and average rents,
28. 
Average length of tenancy for existing tenants,
29. 
Estimated schedule for conversion,
30. 
Estimated price range of converted units,
31. 
List of improvements contemplated,
32. 
Copy of proposed CC&Rs, and
33. 
Estimate of available similar housing in area.
G. 
Plot plans and elevations, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs. Screening, land-scape and irrigation plans shall be included in the plans.
H. 
Such other plans and data as deemed necessary by the Community Development Director.
I. 
The application shall be accompanied by a fee established by resolution of the City Council to cover the cost of processing the application as prescribed in this chapter.
(Ord. 2004-884; Ord. 2019-1056 § 3)
The Planning Commission shall hold at least one public hearing on each application for a condominium conversion permit. The hearing shall be set and a notice given as prescribed in Article 8 of Chapter 18.36. Tenants within the project shall be notified in a like manner. At the public hearing, the Commission shall review the application and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 18.20.560.
(Ord. 2004-884; Ord. 2019-1056 § 3)
The Community Development Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission and made available to the applicant prior to the public hearing.
(Ord. 2004-884; Ord. 2019-1056 § 3)
A. 
Within 21 days following the closing of the public hearing on a condominium conversion permit application, the Planning Commission shall act on the application.
B. 
The Commission may grant by resolution a condominium conversion permit as the permit was applied for or in modified form or the application may be denied.
C. 
A condominium conversion permit may be granted subject to such conditions as the Commission may prescribe.
D. 
Conditions may include, but shall not be limited to:
1. 
Requiring special yards, open spaces, buffers, fences, and walls;
2. 
Requiring installation and maintenance of landscaping;
3. 
Requiring street dedications and improvements;
4. 
Regulation of points of vehicular ingress and egress;
5. 
Regulation of traffic circulation;
6. 
Regulation of signs, type of construction and methods of operation;
7. 
Control of potential nuisances;
8. 
Prescribing standards for maintenance of building and grounds;
9. 
Prescription of development schedules and development standards and such other conditions as the Commission may deem necessary to ensure compatibility of the use with surrounding development and uses to preserve the public health, safety and welfare.
(Ord. 2004-884; Ord. 2019-1056 § 3)
The Planning Commission shall make the following findings before granting a condominium conversion permit:
A. 
That the proposed location of the condominium conversion permit is in accord with the objectives of this title and the purpose of the zone in which the site is located.
B. 
That the proposed location of the condominium conversion permit and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
C. 
That the proposed condominium conversion permit will comply with each of the applicable provisions of this title, except for approved variances.
(Ord. 2004-884; Ord. 2019-1056 § 3)
The decision of the Planning Commission shall be final 15 days from the date of the decision unless an appeal has been filed to the City Council.
(Ord. 2004-884; Ord. 2019-1056 § 3)
A decision of the Planning Commission may be appealed within 15 days to the City Council by the applicant or any other person as prescribed in Article 8 of Chapter 18.36 or by a majority vote of the City Council without fee.
The City Council shall hold a public hearing on a condominium conversion permit as prescribed in Section 18.36.700 if an appeal has been filed within the prescribed 15-day appeal period. The decision of the City Council shall be final.
(Ord. 2004-884; Ord. 2019-1056 § 3)
A. 
A condominium conversion permit shall lapse and shall become void one year following the date on which the conversion permit became effective, unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the conversion permit application, or a certificate of occupancy is issued for the structure which was the subject of the conversion permit application.
B. 
A conversion permit subject to lapse may be renewed for an additional period of one year, provided that prior to the expiration date, an application for renewal of the conversion permit is filed with the Commission.
C. 
The Commission may grant or deny an application for a renewal of a condominium conversion permit.
(Ord. 2004-884; Ord. 2019-1056 § 3)
Variations from regulations prescribed elsewhere in this title for fences; walls; site area, width and depth; front, rear and side yards; coverage; height of structures; distance between structures; usable open space; signs; off-street parking facilities or frontage on a public street; shall be within the discretion of the Planning Commission to either approve or disapprove if they are legally preexisting prior to the application for a condominium conversion permit. All such variations resulting from new construction shall be separately administered in accordance with the procedures in Article 5 of Chapter 18.36.
(Ord. 2004-884; Ord. 2019-1056 § 3)