The purpose of this chapter is to address the special attributes of residential condominium subdivisions; to provide development standards that will ensure that units meet reasonable physical standards; to protect the rights of tenants; and to promote home ownership by providing a process for converting rental units to owner-occupied units.
(Ord. 24-13, 10/1/2024)
A. 
Residential condominium/common interest development. This chapter applies to the following types of residential condominium or other common interest residential developments (i.e., community apartment project, planned development, or stock cooperative, as provided by California Civil Code Section 1351):
1. 
Creation of a residential condominium or other common interest residential development simultaneously with the construction of a new structure; and
2. 
Conversion of an existing structure to a residential condominium or other common interest residential development.
B. 
Commercial condominium/common interest development. Commercial condominiums or condominium conversions are not regulated by this Development Code, but are instead subject to the requirements of the California Department of Real Estate.
(Ord. 24-13, 10/1/2024)
Proposed new condominium or other common interest development projects shall comply with the following requirements:
A. 
Application processing and approval.
1. 
A tentative map or tentative parcel map for the project, whichever is applicable based upon the number of dwelling units, shall be filed in the same form; shall have the same contents and accompanying data and reports; and shall be processed, approved, or disapproved in the same manner in compliance with Municipal Code Chapters 16.20 (Tentative Maps) or 16.25 (Vesting Tentative Maps). Municipal Code Chapter 16.40 (Final Maps and Parcel Maps) determines whether a final map or parcel map shall also be filed.
2. 
In addition, the following items shall be submitted with the tentative map or tentative parcel map:
a. 
Development plan of the project including location and sizes of structures, parking layout, access areas, and exterior elevations;
b. 
A preliminary landscaping plan of the project indicating types and sizes of landscaping materials.
c. 
A preliminary lighting plan of the project indicating location and nature of exterior lighting and lighting fixtures in common areas;
d. 
The proposed condominium documents, including the portions of the covenants, conditions, and restrictions (CC&R's) that apply to the conveyance of units, the assignment of parking, and the management of common areas within the project; and
e. 
Any other information that the Director determines is necessary to evaluate the proposed project.
3. 
The review authority may approve requests by the subdivider for reasonable waivers of the development standards upon making all of the following findings:
a. 
The condominium project is in substantial compliance with both the development standards in Section 17.410.050 (Development Standards for All Condominiums) and in Section 17.410.060 (Development Standards for New Condominiums); and
b. 
The project incorporates mitigating features that tend to further the purpose of this chapter.
B. 
Development standards. New condominiums shall comply with the development standards identified in Section 17.410.050 (Development Standards for All Condominiums) and in Section 17.410.060 (Development Standards for New Condominiums), unless waived in compliance with Subsection A.3, above.
(Ord. 24-13, 10/1/2024)
Condominium conversions (i.e., the conversion of real property to a common interest development as defined by Civil Code Section 1351) shall comply with the following requirements:
A. 
Application processing and approval.
1. 
A tentative map or tentative parcel map for the project, whichever is applicable based upon the number of dwelling units, shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner in compliance with Municipal Code Chapters 16.20 (Tentative Maps) or 16.24 (Vesting Tentative Maps). Municipal Code Chapter 16.40 (Final Maps and Parcel Maps) determines whether a final map or parcel map shall also be filed.
2. 
In addition, the following items shall be submitted with the tentative map or tentative parcel map:
a. 
A condominium conversion application available from the Department;
b. 
Tenant and rental information, which shall consist of the name and address of each present tenant of the project, and the identification of the vacant units;
c. 
Schedule of proposed improvements that shall be made to the project before the sales; the list shall not prohibit the applicant from making additional improvements;
d. 
A plot plan of the project including the location and sizes of structures, parking layout, and access areas;
e. 
A landscaping plan showing types and sizes of landscaping materials and plan for permanent and automatic irrigation facilities pursuant to Chapter 17.325 (Water Efficient Landscape and Irrigation);
f. 
The proposed condominium documents, including the portions of the covenants, conditions, and restrictions (CC&R's) that apply to the conveyance of units, the assignment of parking, and the management of common areas within the project; and
g. 
Any other information that the Director determines is necessary to evaluate the proposed project.
B. 
Inspections.
1. 
Upon receipt of the application to convert, the application for subdivision, and the documents required in Subsection A, above, the Director shall submit copies to the Fire Chief, Building Official, and other departments as necessary. The subdivider shall pay all inspection costs.
a. 
The Building Official shall inspect the project and prepare an inspection report that identifies any repairs necessary to bring the project into compliance with the Building Code in effect at the time of conversion.
b. 
The Fire Chief shall inspect the project and prepare an inspection report that identifies any deficiencies in the fire protection systems that require correction to bring the project into compliance with the Fire Code in effect at the time of conversion.
c. 
The Director shall inspect the project and prepare an inspection report that identifies any violations of this Development Code in effect at the time of conversion.
d. 
A licensed structural pest control operator shall inspect the project and prepare a Structural Pest Control Report that identifies any infested areas in need of repair or replacement. The report shall be dated and filed at least 30 days before submittal of the final map.
e. 
At the Director's discretion, the Director may request inspections from other City officials and departments.
2. 
The subdivider shall make the corrections required in all of the inspection reports.
3. 
A Final Inspection Report, indicating full compliance with all of the requirements specified above, shall be made by the Building Official before approval of the parcel map or final map.
4. 
The Department shall keep copies of the required reports, as public records, for no less than five years and shall send copies to the California Real Estate Commissioner as required by state law.
C. 
Street improvements.
1. 
The subdivider shall improve or deposit surety in compliance with Section 17.660.070 (Performance Guarantees) guaranteeing the upgrading to City standards of substandard or deficient street improvements within the public right(s)-of-way fronting the subject property. The improvements may include curbs, drainage devices, driveways, gutters, ramps, sidewalks, street paving, street lights, trees and tree wells and shall be completed to the satisfaction of the City Engineer.
2. 
The width of the public rights-of-way and roadway of the street(s) abutting the subject property shall conform to the minimum standard of the Mobility Element of the General Plan.
D. 
Fees. If the apartment proposed for condominium conversion has not paid development fees as required by the City, School District, or the Eastern Municipal Water District, the applicant shall pay a charge equal to the amount of a single-family residence times the number of units in the proposed condominium before submittal of the parcel map or final map.
E. 
Tenant notifications. For the conversion of residential property into a condominium project, a community apartment project, or a stock cooperative project, the following notifications shall be provided to tenants in compliance with Government Code Section 66427.1:
1. 
Each existing and prospective tenant shall receive each of the following notices:
a. 
Written notification, in the form required by Government Code Section 66452.18, of intention to convert shall be provided at least 60 days before the filing of a tentative map.
b. 
Ten days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, that the period for each tenant's right to purchase begins with the issuance of the final public report (i.e., information for prospective buyers including covenant, conditions, and restrictions that govern the use of property; costs and assessments for maintaining homeowners' associations and common areas; and other material disclosures) by the California Department of Real Estate, and that the report will be available on request.
c. 
Written notification that the subdivider has received the public report from the Department of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Department of Real Estate.
d. 
Written notification within 10 days after approval of a final map for the proposed conversion.
e. 
Written notification, in the form required by Government Code Section 66452.19, of the intent to convert 180 days before the termination of tenancy, but not before the review authority has approved a Tentative Map for the conversion. The notice given in compliance with this subsection shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Civil Code Sections 1941, 1941.1, and 1941.2.
f. 
Written notification, in the form required by Government Code Section 66452.20, of the tenant's exclusive right to contract for the purchase of the tenant's respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in the Business and Professions Code Section 11018.2, and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of the tenant's intention not to exercise the right.
2. 
The written notices to tenants required by Subsection E.1.a. and b, above, shall be deemed satisfied if those notices comply with the legal requirements for service by mail.
3. 
This section shall not diminish, limit, or expand, other than as provided in this section, the City's authority to approve or disapprove condominium projects.
4. 
If a rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, all required written notices regarding the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project shall be issued in that language.
F. 
Development standards. Condominium conversions shall comply with the development standards in Section 17.410.050 (Development Standards for All Condominiums) and in Section 17.410.070 (Development Standards for Condominium Conversions). The review authority may approve requests by the subdivider for reasonable waivers of the development standards upon making all of the following findings:
1. 
The condominium project is in substantial compliance with the development standards in Section 17.410.050 (Development Standards for All Condominiums) and in Section 17.410.070 (Development Standards for Condominium Conversions); and
2. 
The project incorporates mitigating features that tend to further the purpose of this chapter.
(Ord. 24-13, 10/1/2024)
This section provides standards for both new condominiums and condominium conversions.
A. 
Declaration of covenants, conditions, and restrictions (CC&R's).
1. 
Both new construction and conversions. The portions of the covenants, conditions, and restrictions (CC&R's) to be recorded in the Public Records of Riverside County shall include a statement that none of the provisions may be amended or changed without first obtaining the Director's written consent.
2. 
Conversions only. For condominium conversions only, the CC&R's shall describe the Impact Insulation Class (IIC) rating of all separating floor/ceiling assemblies, as required by Section 17.410.060H (Sound attenuation). Where the minimum IIC rating is obtained through the use of floor covering(s), the CC&R's shall provide that:
a. 
The covering shall not be removed for any purpose except cleaning or replacement; and
b. 
Any replacement covering(s) shall furnish the same or a greater degree of impact insulation as that originally installed.
B. 
Easements.
1. 
Private storage areas. An exclusive easement to airspace of private storage areas, including the private storage space required by Section 17.410.060J (Storage space — Private), below shall be conveyed with each unit.
2. 
Parking. An exclusive easement for two required off-street parking spaces shall be conveyed with each unit. All parking spaces shall be used solely by unit owners, members of their families, their guests, or lessees of the owners' units.
C. 
Fire detection systems. Early warning smoke detection systems in the living quarters and fire protection systems shall be installed in compliance with state law and the City's Fire Code.
D. 
Keying requirements. Each single dwelling unit shall have locks using combinations that are interchange-free from locks used in all other separate dwellings (i.e., master keying is prohibited). Master keying may be allowed when requested by the condominium association authorized to represent the owners of the condominium units within the project.
E. 
Security measures.
1. 
Design criteria. The general design of the project shall incorporate crime reduction features identified in Chapter 17.420 (Multi-Family Development). Individual unit security shall be a significant consideration in the construction of the project.
2. 
Doors.
a. 
Exterior doors and doors leading from garage areas into private units shall be of solid core construction with a minimum thickness of 1 3/8 inches with panels not less than 9/16 inches thick, except those portions constructed of metal or glass.
b. 
Exterior doors and doors leading from garage areas into private units shall be equipped with a single-cylinder, dead-bolt lock with a minimum one inch throw, working in concert with a key in knob dead-latch mechanism, except for sliding glass doors and the stationary door of a double door entry which shall be provided with a slide dead bolt at both top and bottom.
c. 
Installation and construction of frames, jambs, strikes, and hinges on exterior doors and doors leading from garage areas into private units shall be as follows:
i. 
Door jambs shall be installed with solid backing so that no voids exist between the strike side of the jamb and the frame opening for a vertical distance of at least six inches each side of the strike.
ii. 
In wood framing, horizontal blocking shall be placed between studs at door lock height for three stud spaces each side of the door openings. The jamb shall have solid backing against sole plates, and the space between the trimmer and finished frame shall be filled with solid wood.
iii. 
Door stops and wooden jambs for exterior in-swinging doors shall be of a single piece of material.
iv. 
The strike plate for dead bolts on all wood frame doors shall be constructed of minimum 16 U. S. gauge steel, bronze, or brass anchored two inches into solid backing beyond the surface to which the strike plate is attached.
v. 
Hinges for out-swinging doors shall be equipped with non-removable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by the removal of its pins.
vi. 
Glazing in exterior doors or within 40 inches of any locking mechanism shall be of fully tempered glass or rated burglary-resistant glazing, except when double-cylinder dead-bolt locks are installed.
vii. 
All front exterior doors shall be equipped with a wide-angle (180 degrees) door viewer, except where clear vision panels are installed.
3. 
Windows. Sliding glass windows and doors shall incorporate design features which prevent them from being lifted from their tracks while closed or partially open. Locks on this type of opening shall prevent its compromise by 500 pounds of pry force.
4. 
Mailboxes. Mailboxes shall be placed in a secure and easily surveyable space, and shall be lighted on a twenty-four-hour basis when located inside a structure.
5. 
Street numbers and identifying data.
a. 
Each individual unit with direct access to the street shall display a street number in a prominent location on the street side of the residence so that the number is easily visible to approaching emergency vehicles.
b. 
Street number numerals shall be no less than four inches in height and shall be of a contrasting color to the background to which they are attached.
c. 
An illuminated diagrammatic representation shall be positioned at the main pedestrian entrance of the complex which shows the viewer's location and the location and numbered designation of each unit within the complex.
6. 
Lighting. Lighting shall comply with Section 17.300.080 (Outdoor Light and Glare). In addition, the following standards shall apply:
a. 
Aisles, passageways, and recesses related to and within the complex shall be illuminated with an intensity of at least 0.25 foot-candles at the ground level during normal hours of darkness.
b. 
Open parking lots and carports shall be provided with a maintained minimum of one foot-candle of light on the parking surface during hours of darkness.
c. 
Outdoor lighting devices shall be an approved exterior fixture or protected by weather-resistant covers.
d. 
Common garage areas shall be lit with a minimum of 0.5 foot-candles when located within a structure.
F. 
Street improvements. Substandard or deficient street improvements fronting the site within the public right(s)-of-way (e.g., curbs, gutters, sidewalks, ramps, driveways, drainage devices, trees and tree wells, street lights, water mains, etc.) shall be upgraded to City standards. The subdivider may be required to deposit surety in compliance with Section 17.660.070 (Performance Guarantees) to guarantee completion of the improvements. The improvements shall be subject to approval of the City Engineer in compliance with City guidelines.
(Ord. 24-13, 10/1/2024)
This section provides development standards for new condominiums. These standards are in addition to the standards in Section 17.410.050 (Development Standards for All Condominiums).
A. 
Site planning and design criteria. Site planning and design shall comply with Chapter 17.420 (Multi-Family Development).
B. 
Landscaping. Landscaping shall comply with Chapter 17.325 (Water Efficient Landscape and Irrigation).
C. 
Open space - Common. Common open space area shall be provided in compliance with the following:
1. 
The minimum common open space area shall be provided in compliance with Section 17.420.050D (Common open space).
2. 
Common open space areas (e.g., game courts/rooms, garden roofs, play lots, putting greens, sauna baths, swimming pools, etc.) shall be designed and located to allow use by all residents.
3. 
Enclosed structures used for recreation or leisure facilities shall not be used to satisfy more than 37.5% of the required common open space area.
4. 
Active recreation areas, except those located completely within a structure, used to meet the common open space area requirement shall not be located within 15 feet of any door or window of a dwelling unit.
5. 
Private waterways (e.g., fountains, pools, streams, etc.) may be used to satisfy not more than 40% of the required common open space area.
6. 
Lighting and landscaping shall be planned to prevent areas of darkness, obscurity, or other conditions that would encourage criminal activity or jeopardize the safety of the residents and their guests.
D. 
Open space - Private. Each unit shall have a directly accessible private open space area (e.g., atrium, balcony, deck, patio, solarium, etc.) with a minimum size of 100 square feet with no dimension less than eight feet. Any excess private open space may count toward satisfying the minimum required common open space.
E. 
Parking. Parking shall comply with Chapter 17.330 (Off-Street Parking and Loading Standards). The spaces shall be enclosed and shall be attached to the units they serve.
F. 
Trash collection. Trash collection shall comply with Section 17.305.130 (Solid Waste/Recyclable Materials Storage).
G. 
Laundry areas. Common laundry areas, if any, shall be located to minimize visual and noise intrusion both within and outside the project.
H. 
Sound attenuation. Projects shall be designed to comply with state noise insulation standards in the California Building Code of Regulations.
I. 
Fire resistive construction. Each unit shall be separated on the floor, ceiling, and walls, extending throughout the roof, by a minimum of one hour fire separation from any adjoining unit.
J. 
Storage space – private.
1. 
Where detached garages are provided for the dwelling units, a minimum of 125 cubic feet of exterior storage space shall be provided outside each dwelling unit for the exclusive use of that unit.
2. 
The storage space shall have a minimum horizontal surface area of 24 square feet of enclosed, lockable storage space.
K. 
Unit sizes. Minimum unit sizes shall conform to the requirements for the zone in which the condominium is proposed.
L. 
Utilities.
1. 
Plumbing shut-off. Plumbing within a unit shall be installed so that any individual plumbing fixtures, and all plumbing fixtures, within a single unit can be shut off from the water supply without shutting off the water supply to plumbing fixtures in other units.
2. 
Drip pans. Appliances that the Building Official determines to be a potential source of water leakage or flooding (e.g., clothes washers, dishwashers, hot water heaters, etc.) shall be installed with built-in drip pans and appropriate drains (except in the case of concrete slab floors placed directly on grade).
3. 
Utility meters. With the exception of water supply and gas supplied primarily to common area fixtures and accessory features (e.g., barbecues, fireplaces, etc.), each utility shall be separately metered for each unit so that the unit owners can be separately billed. Utility meters shall be screened architecturally or with landscaping if located on the outside of structures. Water meters shall be placed at locations designated by the City Engineer.
4. 
Circuit breakers. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets that serve the unit. The panel shall be accessible without leaving the unit.
M. 
Vibration. Permanent mechanical equipment (e.g., air conditioners, fixed and built-in domestic appliances, etc.), which the Building Official determines to be a source of vibration or noise, shall be shock-mounted, isolated from the floor and ceiling, or otherwise installed in a manner approved by the Building Official to lessen the transmission of vibrations and noise.
(Ord. 24-13, 10/1/2024)
This section provides development standards for condominium conversions. These standards are in addition to the standards in Section 17.410.050 (Development Standards for All Condominiums).
A. 
Maximum allowable density. Each apartment structure proposed for conversion shall comply with the maximum density indicated in the Land Use Element of the General Plan.
B. 
Sound attenuation. Unless existing floor-to-ceiling assemblies between separate units meet a Sound Transmission Class of 50, as certified in the inspection report, wall-to-wall carpeting shall be required in all rooms of dwelling units with the exception of bathroom, kitchen, and private open space areas.
C. 
Storage space – private. Each dwelling unit shall be provided with a minimum of 90 cubic feet of exterior enclosed storage space outside the dwelling unit for the exclusive use of that unit.
D. 
Laundry. Each unit shall be plumbed and wired for laundry facilities or shall have access to common laundry facilities located within the project.
E. 
Parking. Parking shall comply with Chapter 17.330 (Off-Street Parking and Loading Standards).
F. 
Landscaping. Landscaping plans shall be required in compliance with Chapter 17.325 (Water Efficient Landscape and Irrigation).
(Ord. 24-13, 10/1/2024)