It is intended that a planned unit development (PUD) permit will reflect comprehensively planned development and encourage imaginative planning and design elements that specifically relate to the topography and the natural characteristics of the site, as well as the scale, density, and type of development in the surrounding area. Greater flexibility in design and building relationships may be permitted in a PUD than would otherwise be permitted within the usual requirements of the zoning and subdivision titles of the municipal code. A PUD permit may be approved in any zone. All requirements of the underlying zone shall be satisfied, except as provided in this chapter.
(Ord. 4950 § 3, 2010)
An application for a PUD permit may be filed with the secretary of the planning commission by the property owner of the property for which the permit is requested, or the property owner's agent.
(Ord. 4950 § 3, 2010)
At a minimum, the following items shall be submitted with a completed application for a planned unit development permit:
A. 
The application shall include a site plan. The proposed site plan for a PUD shall accurately depict all proposed buildings, streets, drive ways, drive aisles, parking areas, landscaped areas, recreational areas and open spaces. The site plan shall be drawn to a standard engineering or architectural scale and shall include accurate dimensions. The information shown on the proposed PUD site plan shall be consistent with the information shown on the proposed tentative map. Any proposed phasing shall be indicated on the proposed site plan.
B. 
The application shall include scaled building elevations and a building materials sample and color board. At least one set of building elevations shall be colored to indicate the proposed color scheme of the PUD.
C. 
The application shall include scaled floor plans for all structures in the PUD. Multiple structures with identical floor plans may be depicted on the same set of floor plans.
D. 
The application shall include copies of a tentative subdivision map or a tentative parcel map, as appropriate. The tentative map shall be filed concurrently with the proposed site plan for the PUD and shall comply with the State Subdivision Map Act and the city's subdivision ordinance. The information shown on the proposed tentative map shall be consistent with the information shown on the proposed site plan. Any proposed phasing shall be indicated on the proposed tentative map.
(Ord. 4950 § 3, 2010)
Except as indicated in this chapter, PUD permits and amendments thereto, shall be processed in the same manner as described in Chapter 17.20 for a Zoning Code amendment. A noteworthy difference is that while a Zoning Code amendment is approved as an ordinance, a PUD permit is approved by a city council resolution. If a proposed PUD permit and tentative map are approved by the city council, a final revised PUD site plan shall be submitted to the planning division and shall reflect all required revisions and refinements of the approved PUD permit.
(Ord. 4950 § 3, 2010; Ord. 4984 § 4, 2013)
The planning commission may recommend approval, conditional approval, or denial of a PUD to the city council. The city council's decision to approve, conditionally approve, or deny a proposed PUD is final.
(Ord. 5113 § 6, 2022)
Before any PUD permit may be approved, the city council shall find that:
A. 
The density of the proposed PUD is consistent with the general plan.
B. 
The approval of any alternative development standards for the proposed PUD is in the public interest.
C. 
The proposed PUD is compatible with surrounding development.
D. 
The location of structures, private streets, driveways, and parking spaces on the proposed PUD site plan will not result in unauthorized parking which would block or hamper vehicular movement or unnecessarily affect visibility on the private street or driveway.
(Ord. 4950 § 3, 2010)
Unless specifically prohibited elsewhere in this title, any use permitted or conditionally permitted in the underlying zone district may also be permitted or conditionally permitted in a PUD. A PUD does not change the underlying zone; it provides flexibility in the application of the usual development standards.
(Ord. 4950 § 3, 2010)
A. 
Lots. The minimum lot area and lot width requirements of the underlying zone district shall apply to the overall PUD.
B. 
Sublots. A PUD may contain sublots of any reasonable lot area, width, or configuration as determined in conjunction with approval of a PUD site plan.
C. 
Subdivision Map. A tentative parcel map or tentative subdivision map which covers the exact boundaries of the PUD and indicates all sublots shall be approved and a final map recorded pursuant to the Subdivision Map Act and the subdivision title of the city.
(Ord. 4950 § 3, 2010)
A. 
The maximum number of dwelling units permitted in a PUD shall be determined by the density requirements of the underlying zone. This figure is determined by dividing the net lot area by the density factor of the underlying zone. The density factor is included in each zone and is stated as the amount of land area per dwelling unit. Any fractional number of dwelling units shall be rounded down to the next whole number.
B. 
When a PUD consists of property in more than one underlying zone, the maximum number of dwelling units shall be the total of the dwelling units permitted by each of the underlying zones. The dwelling units in a PUD in more than one zone may be distributed without regard to the boundaries of the underlying zoning districts, if the city council makes the following findings:
1. 
The density transfer is compatible with existing development in the surrounding area.
2. 
The density transfer is consistent with the general plan.
C. 
When calculating net lot area, all dedications for public streets along the exterior boundaries of the PUD shall be excluded. The rights-of-way of public or private streets and driveways within the PUD boundaries shall be included in the net lot area calculation.
(Ord. 4950 § 3, 2010)
A. 
Building or portion of a building other than a front-entry garage or carport: a minimum of 10 feet from the right-of-way of a public street or a private street or driveway. All other setbacks for a building or portion of a building, other than a front-entry garage or carport, may be established as part of project approval and which are based upon the California Building Code, project design and the relation of buildings to each other, to project topography and to surrounding development.
B. 
Front-entry garage or carport (public street): a minimum of 25 feet from the right-of-way of a public street.
C. 
Front-entry garage or carport (private street or driveway): a minimum of 20 feet from the edge of the private street or driveway, unless the city council finds that a reduction in the setback will not result in unauthorized parking behind the garage(s) or carport(s) which would block or hamper vehicular movement or unnecessarily affect visibility on the private street or driveway. The following issues shall be considered in making a determination to allow a reduced setback for front-entry garages or carports from a private street or driveway:
1. 
The length of a private street or driveway;
2. 
The overall project density and design;
3. 
Whether the private street or driveway provides a direct connection between public streets or high traffic volume private streets;
4. 
The provision for automatic garage door openers; and
5. 
The provision of adequate space for the collection of individual trash and recycling containers that does not obstruct private streets, driveways, or garage entrances.
(Ord. 4950 § 3, 2010)
The regulations for the placement of buildings are as follows:
A. 
Distance Between Buildings. The distance between any building used for human habitation and any other building on that same lot or sublot shall not be less than 10 feet.
B. 
Combinations of Buildings Permitted. The city council, may allow two or more buildings or portions of buildings to be attached without observing the usual building separation requirements as long as the resultant structure complies with the California Building Code and the California Fire Code.
(Ord. 4984 § 21, 2013)
The maximum lot coverage shall not exceed the lot coverage limitations of the underlying zone, except in those zones where streets and driveways are usually counted as lot coverage, 100 percent of the area devoted to private driveways serving individual dwelling units and 50 percent of the area devoted to common driveways or streets, including public or private streets that are within the exterior boundaries of the PUD, shall not be counted in the lot coverage computations. If a PUD is in more than one underlying zone, the lot coverage limitations of each underlying zone shall be respected for the portions of the PUD in that zone.
(Ord. 4950 § 3, 2010)
The maximum building height shall not exceed the height limitations of the underlying zone. If a PUD is in more than one underlying zone, the building height limitations of each underlying zone shall be respected for the portions of the PUD in that zone.
(Ord. 4950 § 3, 2010)
A. 
A minimum of two covered parking spaces (garage or carport) shall be required for each dwelling unit in a residential zoning district.
B. 
Such covered parking spaces (garage or carport) shall at all times be kept free, clear and unobstructed and used for only the purpose of parking motor vehicles. It is intended that such parking be available for only the use of the residents on the site. The conversion of required covered parking spaces (garage or carport) to any use other than the parking of motor vehicles shall be prohibited.
C. 
Other Parking Requirements for Residential Units in All Residential Zoning Districts.
1. 
Additional parking for residents and/or visitors shall be provided at a ratio of one parking space for every dwelling unit. One of the required additional parking spaces may be located in the private driveway providing access to the required covered parking spaces for an individual dwelling unit, if there is at least a 20-foot setback between the covered parking space and the right-of-way of a public street or the edge of the private street or driveway closest to the covered parking space. Any sidewalk located along a private street or driveway shall be counted as part of the private street for the purpose of measuring such a setback from a required covered parking space. In no case shall a parking space be allowed to overhang an adjacent walkway or sidewalk. All other parking spaces pursuant to this subsection must be located in parking areas that are conveniently located near the units they are intended to serve. The parking areas shall be located so as to not interfere with on-site circulation.
2. 
Notwithstanding the above, these additional parking spaces may be provided as parallel parking spaces located on the private street or driveway in accordance with Section 17.60.200(B)(6).
3. 
Supplemental parking spaces shall be provided at a ratio of one-half parking space per dwelling unit with any fraction rounded up for all projects of up to 20 units. For those projects with more than 20 units, additional supplemental parking spaces at a ratio of one-quarter parking space per dwelling unit over 20 shall be provided and any fraction rounded up.
These spaces may be used for RVs, trailers, boats, additional resident or visitor parking, or a combination thereof, as approved in conjunction with a planned unit development.
Supplemental parking spaces shall be located in a parking area that is conveniently located. If the supplemental parking area or portion thereof is used for the storage of RVs, trailers, etc., it must be adequately screened from view by the use of view-obscuring fences, walls or landscaping. The location of all parking spaces shall be designated on the final site plan required by Section 17.60.200(F) and reflected in the covenants, conditions and restrictions (CC&Rs) required by Section 17.60.260 of this chapter.
D. 
Nonresidential Zoning Districts. Parking as required by the underlying zone.
(Ord. 4950 § 3, 2010; Ord. 5018 § 13, 2015)
The type of trash collection service (individual or common trash area) shall be determined at the time of project approval. If a common trash area is used, accommodation of recycling containers shall be provided. If individual trash collection service is provided, the applicant shall provide an area for the storage of individual trash containers at each unit and shall designate that location on the PUD site plan. The storage of individual trash containers may be permitted in private garages. However, the area dedicated to the storage of trash containers shall not be located within the area of the private garage that is required for vehicle parking. Furthermore, the area dedicated to the storage of individual trash containers shall be screened from view from the public right-of-way and from all common areas.
(Ord. 4950 § 3, 2010)
A. 
Parking Areas. All open parking areas containing five or more parking spaces that are not effectively screened from abutting residentially developed or residentially zoned property by permanent buildings or a 20-foot wide landscaped setback area, shall contain a six-foot-high solid masonry wall between the parking area and the residential property.
If the parking area is visible from a street, either public or private, it shall be screened from the street by a 42-inch high solid masonry wall that is at least 10 feet from the exterior property line or private street right-of-way or by the use of alternative screening methods as approved by the city council.
The screening wall for parking areas visible from a public or private street is not required, if the parking area is screened from the street with a landscaped area that is at least 20 feet in depth. No screening wall is required when the wall would be adjacent and parallel to the length of a parking space.
B. 
Project Boundary Fence or Wall. The city council may require the construction of a six-foot high project boundary fence or wall. The intent of such a fence or wall is to provide separation from, or protection of, adjacent properties. The type of required fence or wall shall be determined in conjunction with the approval of the permit.
C. 
Private Yard Fencing. The fencing of private yards may be required. The type and maximum height of such fencing will be determined in conjunction with site plan approval.
D. 
Reduction in Height of Wall or Fence. Walls or fences shall not exceed 42 inches in height within the area corresponding to the required exterior yard setback of any abutting residentially zoned or residentially developed property or any commercially zoned property developed with a setback.
E. 
Under no circumstances shall any fence, wall or hedge, regardless of its location, block pedestrian or vehicular visibility for safe circulation.
(Ord. 4950 § 3, 2010)
A. 
Residential Development.
1. 
Common Open Space and Recreational Areas. Open space and recreational areas especially designed for common use, either for active recreational use or passive scenic view and which may include private front yards, which are part of a common landscape easement, but which may not include any other private yards, patios or distances between buildings, shall be provided based upon the density of the project as shown on the following table, and except as provided in subdivision (2) of this subsection.
Range of Dwelling Units per Net Acre
Amount of Common Open Space or Recreational Area
3 or less
1000 sq. ft. per dwelling unit
4-10
400 sq. ft. per dwelling unit
11 or more
225 sq. ft. per dwelling unit
Recreational areas, meeting these requirements and designed for active recreational uses, may be placed upon roofs of buildings or structures. Recreational areas so placed shall not contribute to lot coverage requirements.
Active recreation area means an area that is dedicated to active play, including where turf may provide a playing surface. Examples of active recreation areas include sports fields, playground and play areas, swimming pools, skating rings, skate parks, outdoor theaters, gymnasiums, and similar. Specific examples include those such as basketball, volleyball, tennis, bocce ball courts, and tot-lots.
Passive recreation area means a landscaped recreational area where turf is present but does not provide an active playing surface. Examples of passive recreation areas include picnic and barbecue areas, and areas dedicated for outdoor relaxation and reflection.
2. 
Private rear yards, for individual dwelling units in projects of 11 or more units and which have minimum dimensions of 10 feet by 10 feet (100 square feet minimum), may be counted as satisfying up to 50 percent of the common open space/recreational area required in subdivision (1) of this subsection. Private rear yards in projects of 10 units or less may satisfy 100 percent of the common open space/recreational area requirement, subject to the approval of the city council.
3. 
The preservation of scenic natural areas, such as rock outcroppings, creeks, wooded areas, vistas or other features worthy of preservation, may be required in conjunction with approval of a planned unit development permit.
4. 
Common open space and recreational areas shall be accessible to all dwelling units.
5. 
Landscaping shall form a continuous area between and around all buildings and shall be permanently maintained, including a permanent underground irrigation system.
6. 
At no time shall any open space or recreational area constitute a health, safety, or fire hazard or create a drainage problem.
B. 
Nonresidential Development. In addition to the required landscaped and open space areas of the underlying zone district, additional landscaping shall be provided at a ratio of one square foot for each 10 square feet of gross building floor area as measured at the ground level only. It is intended that this additional landscaping be generally dispersed throughout the site, but where possible, it should be placed near each main entrance.
C. 
Detailed landscaping and irrigation plans, prepared by a registered landscape architect, shall be required as a condition of approval for all projects, and shall comply with the requirements of Chapter 17.195 of this title. The landscaping and irrigation plans shall indicate the type, size, and number of all plants, and shall be designed to provide a permanent underground irrigation system, served by a dedicated water meter.
(Ord. 4950 § 3, 2010; Ord. 5018 § 15, 2015; Ord. 5033 §§ 11, 12, 2015)
A. 
Private streets and driveways may be permitted within a planned unit development provided that engineering calculations for the private street or driveway pavement section are submitted and approved and which justify:
1. 
The proposed private street or driveway width and geometric design, which have been related to function, topography and density; and
2. 
The proposed private street or driveway structural design, which is related to soils conditions and traffic volumes. Maintenance responsibilities for a private street or driveway must be assumed by a homeowner's association.
B. 
The following criteria shall be utilized to determine the widths of private streets and driveways:
1. 
A private street or driveway serving no more than two dwelling units shall have a minimum paved width of 16 feet, if the private street or driveway length is 150 feet or less, or shall have a minimum paved width of 20 feet, if the private street or driveway length is greater than 150 feet.
2. 
A private street or driveway serving from three to five dwelling units shall have a minimum paved width of 20 feet, if the private street or driveway length is 150 feet or less, or shall have a minimum paved width of 22 feet, if the private street or driveway length is greater than 150 feet.
3. 
A private street or driveway serving six or more dwelling units shall have a minimum paved width of 22 feet, if the private street or driveway length is 150 feet or less, or shall have a minimum paved width of 24 feet, if the private street or driveway length is greater than 150 feet.
Note: The length of a private street or driveway shall be that distance measured from the exterior or front property line of the project to the parking space(s) that is (are) most distant and served by the private street or driveway. In the case of a circular or loop street, the length is the total distance along the center line of the circular or loop street from the exterior or front property line of the project.
4. 
All private streets and driveways shall be unobstructed for their entire length and shall provide a minimum 13.5 feet of unobstructed vertical clearance.
5. 
Any private street or driveway used as the backup or egress from any open/uncovered parking space(s) or covered (garage or carport) parking space(s) shall be a minimum of 24 feet wide for the entire width of the parking space(s) plus four feet on either side of the entire width of the parking space(s).
6. 
Parallel on-street visitor or guest parking spaces may be permitted on either or both sides of a private street or driveway 24 feet in width as long as the visitor parking spaces are staggered along the length of the private street or driveway so as to not be opposite one another and as long as the width of the private street or driveway is increased by four feet for a minimum length of 35 feet for one visitor or guest parking space and 25 feet for each additional and adjacent visitor or guest parking space.
C. 
Public streets shall be designed to comply with the city's street improvement standards.
D. 
Adequate on-site turnarounds shall be provided as determined by the fire department.
E. 
Sanitary sewers and storm drains in private streets or driveways may be permitted, but shall be constructed to meet city standards. The maintenance of these private systems must be assumed by a homeowner's association.
F. 
The project engineer shall certify that the private streets or driveways have been constructed in accordance with the previously approved engineering design and calculations prior to the occupancy of any dwelling unit.
(Ord. 4950 § 3, 2010)
A. 
Concrete sidewalks shall be provided adjacent to all on-street parking areas, shall connect all building entrances, recreational buildings and parking, and shall have a minimum unobstructed width of four feet.
B. 
The width of any planned hiking, equestrian and/or bicycle paths shall be determined in conjunction with the approval of the planned unit development site plan.
(Ord. 4950 § 3, 2010)
An on-site lighting plan for all parking areas, pedestrian walkways and common open space/recreation areas shall be required. Such plan shall provide adequate lighting for pedestrian and vehicular safety and be sufficient to minimize security problems. However, in no case shall the lighting on one property create a nuisance on any other property.
(Ord. 4950 § 3, 2010)
All utility distribution lines within a planned unit development (PUD) shall be placed underground. Those utility distribution lines along the perimeter of a PUD shall be undergrounded as required by the subdivision ordinance.
(Ord. 4950 § 3, 2010)
A. 
Separation walls. All separation walls, floors and ceilings shall comply with the applicable provisions of the California Building Code and California Fire Code.
B. 
Utility system. Except as otherwise provided in the case of the conversion of an existing development to condominium, a stock cooperative, or other common interest development as described in Sections 17.60.290. through 17.60.360, a separate utility system will be required for water, electric, gas, waste and vent services for each occupancy. The systems shall be installed and operated pursuant to the applicable requirements and procedures of each utility or agency providing the services.
(Ord. 4968 § 6, 2011)
A. 
The architecture and design of a PUD shall be compatible with the terrain and existing surrounding development and shall be evaluated for conformance with the guidelines provided in Chapter 17.180.
B. 
The architecture and design will be considered along with the project site plan.
(Ord. 4950 § 3, 2010)
When a planned unit development includes any land or improvements intended for common ownership and/or common maintenance including streets, driveways, parking areas, landscaping, fences, walls, buildings, utilities, recreational facilities or open space, the applicant shall submit proposed covenants, conditions and restrictions which shall run with the land and which clearly set forth both the privileges and responsibilities involved in the common ownership and/or maintenance. The covenants, conditions and restrictions shall be reviewed and approved by the city attorney and the director of community development prior to the issuance of a building permit. A recorded copy of the approved covenants, conditions and restrictions shall be submitted to the city prior to the sale of any unit.
(Ord. 4950 § 3, 2010)
A. 
Private improvements in single-phase projects. The developer of a planned unit development shall complete the installation of all private improvements and any other private work required by the city in accordance with the final site plan prior to final occupancy clearance of all units when the project is developed in a single phase or when all building permits are issued simultaneously.
B. 
Private improvements in multi-phased projects. If a project consists of more than one phase, or if all building permits are not issued simultaneously, or if a single-phase project is changed to more than one phase, the developer of the planned unit development shall enter into an agreement with the city to guarantee the installation and completion of all private improvements and any other private work required by the city in accordance with the final site plan. The agreement shall be in the form of either:
1. 
Bonding. A bond guaranteeing faithful performance of the agreement and guaranteeing payment for labor and materials; or
2. 
Trust agreement. A trust agreement evidencing that the estimated cost of the work or improvements has been deposited with an approved trustee.
C. 
In order to determine the amount of the bond or trust agreement, the developer shall submit separate cost estimates for each of the following private improvements:
1. 
Street and driveway paving, curbs, sidewalks, drainage structures and improvements, sewers, lighting, street signs;
2. 
All landscaping, including irrigation systems;
3. 
Undergrounding of utilities;
4. 
Visitor parking areas; and
5. 
Common recreational facilities.
D. 
Public Improvements in All Projects. The developer of a planned unit development shall enter into an agreement with the city whereby, in consideration of approval by the city, the developer agrees to complete the installation of certain public improvements and other work required by the city in accordance with the final site plan. All of the installation and any other work shall be completed within the time specified in the agreement. To assure the city that this work shall be completed and lien holders paid, the developer shall furnish the city with either:
1. 
Bonding. A bond guaranteeing faithful performance of the agreement and guaranteeing payment for labor and materials; or
2. 
Trust Agreement. A trust agreement evidencing that the estimated cost of the worker improvements has been deposited with an approved trustee.
E. 
In order to determine the amount of bond or trust agreement, the developer shall submit separate cost estimates for the following public improvements:
1. 
Improvements to be made within the public streets such as curbs, sidewalks, street paving, drainage structures, sewers, street lights, traffic-control devices, monuments and street signs;
2. 
Improvements to be made within an easement to be dedicated to the city such as sewer or drainage structures;
3. 
Earthwork and slope planting in public areas; and
4. 
Undergrounding of utilities in public rights-of-way.
The amount of such bond or cash deposited shall be determined by the city engineer and approved by the city council as to amount and adequacy.
(Ord. 4950 § 3, 2010)
A final parcel or subdivision map shall be recorded in conformance with the approved tentative parcel or subdivision map prior to the issuance of any building permits.
(Ord. 4950 § 3, 2010)
Except as specifically noted in this chapter, the conversion of any existing development, that is a development which has received final occupancy clearance, to a condominium, a stock cooperative, a community apartment project or similar common interest subdivision shall comply with all requirements contained in this chapter.
(Ord. 4950 § 3, 2010)
A. 
A tentative parcel map or tentative subdivision map as appropriate shall be filed concurrently with the proposed site plan for the proposed conversion project and shall comply with the State Subdivision Map Act and the city's subdivision title.
B. 
A final parcel or subdivision map shall be recorded in conformance with the approved tentative parcel or subdivision map prior to the issuance of any building permits.
(Ord. 4950 § 3, 2010)
The standards of development for the conversion of any existing development to a common interest subdivision shall be those required in the underlying zoning district, with the following exceptions:
A. 
Parking. The number of off-street parking spaces shall comply with the requirements of the underlying zoning district, except that for residential development, a minimum of one and one-half (1.5) off-street parking spaces per dwelling unit shall be provided. These spaces may be covered or uncovered.
Notwithstanding the requirements set forth in this subsection, but only until February 25, 2015, the number of off-street parking spaces for residential development shall not be greater than the number of parking spaces existing for the subject property at the time of approval of the tentative parcel or subdivision map required for conversion. On and after February 26, 2015, this paragraph of this subsection shall be of no force and effect.
B. 
Common Recreational Areas. All residential developments shall include at least one form of common recreational or open space areas such as a swimming pool, tennis court or similar recreational activity or it may be for a more passive use such as a picnic or barbecue area. The passive use area should be of sufficient size and appropriate location so that it could be converted to an active recreation area at some later time. Private yard space with minimum dimensions of 10 feet by 10 feet (100 square feet) may also be considered in satisfying part of this requirement.
C. 
Building Construction Requirements. All separation walls, floors and ceilings shall comply with the applicable provisions of the California Building Code and California Fire Code.
D. 
Utility Systems. Prior to the sale of any residential unit, a separate utility system shall be provided for each unit for electricity, gas and venting services. At a minimum there shall be one water meter provided for all residential units, although there may be installed one or more separate water meters for the exterior uses. A separate sewer lateral or water meter for each residential unit is not required.
E. 
Landscaping. Prior to the sale of any unit, all existing or proposed landscaped areas shall be provided with a combination of ground cover, shrubs and trees and a permanent, underground irrigation system in accordance with an approved landscape plan.
F. 
Trash Collection. Prior to the sale of any unit, the type of trash collection service (individual or common trash area) shall be determined and any necessary trash enclosures constructed.
(Ord. 4950 § 3, 2010)
A. 
Prior to the sale of any unit, the applicant shall submit proposed covenants, conditions and restrictions (CC&Rs) for any land or improvements intended for common ownership and/or common maintenance including streets, driveways, parking areas, landscaping, fences, walls, buildings, utilities, recreational facilities or open space. The covenants, conditions and restrictions shall include the creation of a homeowner's association, which is intended to manage and maintain all common facilities.
B. 
The covenants, conditions and restrictions shall be reviewed and approved by the city attorney and the director. A recorded copy of the approved covenants, conditions and restrictions shall be submitted to the city prior to the sale of any unit.
(Ord. 4950 § 3, 2010)
No existing residential development may be converted to a common interest subdivision, unless it fully complies with all provisions of Sections 17.60.010 through 17.60.280, or unless a period of five years has elapsed from the date of the certificate of occupancy or final inspection from the building division, until the date of the submittal of the application for conversion.
(Ord. 4950 § 3, 2010)
A. 
At the time of the submittal of an application to convert any existing development to a common interest subdivision, the applicant shall submit a physical elements report on the status of the health and safety aspects of the project including: building foundations and walls, roofs, electrical systems, plumbing systems, mechanical systems, recreational facilities, parking and other paved areas and drainage facilities. These reports shall be prepared by California-licensed structural or civil engineers or contractors and they shall include a detailed evaluation of the existing physical elements, a recommendation on their status (including any necessary repairs or replacement, either immediate or in the future) and a signed certification of the findings.
B. 
The planning commission and city council shall use this information to determine the need to repair or replace any existing physical elements as a condition of approving the proposed conversion.
(Ord. 4950 § 3, 2010)
A. 
The conversion of an existing residential development to a common interest subdivision shall include all tenant notifications required by Section 66427.1 of the Subdivision Map Act.
B. 
In addition, each of the tenants in an existing residential development shall be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or on terms more favorable to the tenant. This right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention to not exercise the right.
(Ord. 4950 § 3, 2010)
A. 
Each eligible tenant of a unit in an existing residential development being converted to a common interest subdivision shall be paid by the applicant the equivalent of one month's rent as relocation assistance.
B. 
For the purpose of this section the term, "eligible tenant," shall be defined as a tenant in good standing of the existing residential development at the time that the owner of the development gives notice to terminate the tenancy in accordance with applicable law.
C. 
The payment of relocation assistance by the applicant shall occur on or before: (1) the date of termination of tenancy provided in the notice described in subsection B, or (2) the date that the eligible tenant vacates the unit, whichever shall first occur, but in either event without regard to the date that the conversion occurs.
D. 
No conversion shall be completed until the applicant has provided proof to the city of payment of all relocation assistance as required in subsection A, above. In the event that the payment of relocation assistance to an eligible resident is prevented by the voluntary termination of tenancy prior to the required payment date described above in subsection C, and also in the event that the applicant cannot locate the eligible tenant after a reasonable investigation, the applicant shall deposit any unpaid relocation assistance funds with the city. An administrative fee that is equal to ten percent of the total deposited funds shall accompany the deposited funds. The city shall hold the deposited funds (less the administrative fee) for the benefit of those eligible tenants who did not receive payment of relocation assistance. Upon proof of eligibility and entitlement, the city shall pay the relocation assistance to eligible tenants, without interest, at any time for a period of 36 months following deposit of the funds. At the end of the 36 month period, any funds on deposit shall be forfeited and released to the city, free and clear of any trust for the benefit of, or obligation to, eligible tenants. These forfeited funds shall be used by the city for the purpose of providing safe and affordable housing to persons of low- and moderate-income. Following the release of such funds to the city, any eligible tenant who claims any right to the forfeited and released relocation assistance shall be required to file a claim under the California Government Code as an unsecured creditor.
E. 
The applicant shall give each eligible tenant notice of his or her right to relocation assistance at the same time that the notice required by Section 17.60.350 is given to tenants of the existing residential development. Such notice shall include a copy of this section, in effect at the time notice is given, and shall provide the name and a telephone number of the applicant's representative, which will allow for messages outside of normal business hours, for the tenants to obtain further information relative to the relocation assistance available to them, and the timing of the payment of relocation assistance for their project.
(Ord. 4950 § 3, 2010)