Chapter 15.56 CONVERSION OF DWELLING UNITS TO INDEPENDENT OWNERSHIP

Chapter 15.56
CONVERSION OF DWELLING UNITS TO INDEPENDENT OWNERSHIP

Sections:

15.56.005 Conversion of multiple dwelling units to independent ownerships.

15.56.010 Certificate of occupancy required.

15.56.020 Condominium projects, condominium conversions and occupancy thereof.

15.56.030 Satisfaction of said conditions required prior to final approval of subdivision or parcel map.

15.56.040 Notice of intent to convert – 60-day right of first refusal to purchase.

15.56.050 Notice of condominium conversion and previous occupancy by rental tenants to prospective purchasers.

15.56.060 Submittals required.

15.56.070 Discretion in approving storage space.

15.56.005 Conversion of multiple dwelling units to independent ownerships.

It is the intent of the city council to establish in this chapter regulations and requirements for the conversion or development of condominiums, stock cooperatives, community apartment projects or any other form of ownership which would allow independent ownership of units otherwise held under a common and unified ownership.

For the purpose of this section, the following ownerships shall be subject to the full regulations of this chapter although not exclusively and subject to the following definitions:

A. “Community apartment project” is a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

B. “Condominium” is an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A “condominium” may include, in addition, a separate interest in other portions of such real property.

C. “Stock cooperative” is a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy.

It is the purpose of the council in adopting the ordinance codified in this chapter to apply all regulations referring to “condominium projects” to all stock cooperatives, community housing projects and any similar ownership forms in the same manner as if said terms were substituted for “condominium projects” as conditioned in this chapter. (Ord. 1903 § 1, 1980).

15.56.010 Certificate of occupancy required.

In accordance with the Uniform Building Code, adopted by reference by the city council, no building or structure in an apartment building or project which is a part of a new condominium project, or which has been converted to independent ownership of the units by means of a statutory condominium or subdivision of the lands, shall be occupied until the building official has issued a certificate of occupancy therefor as provided in said building code, which certificate shall not be issued until all requirements of this chapter and the conditions of the subdivision map have been fully completed except for those conditions and requirements which have been deferred or bonded. The director of building and housing shall require local utility companies to remove meters from all units which are unoccupied at the time the final subdivision map is recorded and utility service to such units shall not be provided until authorized by the director of building and housing after the fulfillment of all requirements and conditions. (Ord. 1936 § 1, 1981; Ord. 1841 § 1, 1979).

15.56.020 Condominium projects, condominium conversions and occupancy thereof.

No condominium unit, whether a component of a condominium project which was originally planned for condominium ownership, or created by the conversion of a multiple-family dwelling or dwelling group into a condominium project, shall be occupied prior to the property owner’s compliance with the following requirements:

A. Condominium developments shall meet the fire protection standards which govern multifamily residences, dwelling groups, and other types of rental projects. All existing fire protection facilities shall be maintained.

B. Walls which meet the standards of the Uniform Building Code shall be installed between the airspaces of condominium units.

C. Unless otherwise authorized by the planning commission and city council pursuant to CVMC 15.56.070, each condominium unit shall be provided with enclosed storage space in accordance with the following standards:

1. Each condominium unit shall be provided with an enclosed storage space for the personal and private use of each owner in accordance with the following table:


Number of bedrooms in condominium unit	Cu. ft. of enclosed storage space
Studio and one	150
Two	200
Three	250
Four or more	300

2. Enclosed storage spaces may contain no dimension smaller than two feet and may not be divided into more than two locations.

3. At least 70 percent of the required space must be contiguous with the unit it serves.

4. Storage spaces shall be as secure as possible. All storage spaces which are accessible from outside the living area must utilize one-inch deadbolt single cylinder locks, security-type hinges with nonremovable pins, and solid core doors. Such spaces must be constructed in a secure workmanlike manner and of materials so as to resist forced entries.

5. The configuration of the storage space shall allow for all portions of it to be easily reached.

6. One-half of the required space may be provided within the attic if it is accessible by a pull-down or stationary stairway.

7. Storage located within the carport area shall not constitute more than 30 percent of the required space, if not adjacent to the unit.

8. Storage space must be designed so as to be architecturally compatible with the character of the condominium development.

9. Storage spaces shall not be located where they would increase the danger of fire or block important access routes to fire or police personnel. Where attic storage is provided, it shall be enclosed with one-hour fire-resistive construction.

D. Condominium projects shall conform to the Uniform Housing Code which exists at the time of their establishment by subdivision map. The housing code requirements are those which govern multiple-family dwellings and dwelling groups.

E. All condominium projects shall meet the protective-lighting standards of the Uniform Housing Code.

F. Condominium projects shall conform to the off-street parking requirements which exist at the time of their establishment by subdivision map or parcel map. The off-street parking requirements are those which govern multiple-family dwellings and dwelling groups.

G. Condominium projects shall comply with the guidelines of the design manual of the city, and shall be reviewed by the design review committee, except where condominium projects are located with the Chula Vista Town Centre No. I redevelopment project area, in which case the guidelines of the Town Centre design manual shall govern, and the reviewing body shall be the Town Centre design review board. Notwithstanding the provisions of this subsection, the property owner shall not be required to make major structural or spatial changes to existing buildings.

H. Each condominium unit shall be served by a separate water heater, and by separate water, gas and electric meters, unless the homeowners’ association, required to be established pursuant to the laws of the state, assumes the responsibility for centralized utility services, and the billing and payment of utility costs.

I. The owner of a residential condominium project shall, prior to project occupancy, apply to the building and housing department for a compliance survey. Upon receipt of this application, the director of building and housing shall cause the inspection of the involved premises for the purpose of determining the state of the condominium project’s compliance with the provisions of this section, and those of the Uniform Housing Code; and shall cause the subsequent preparation of a list of deficiencies, if such exist. These deficiencies must be corrected prior to the department’s issuance of a certificate of occupancy, required under CVMC 15.56.010. If the owner does not concur with the list of deficiencies prepared under the supervision of the director of building and housing, he may file an appeal therefrom to the board of appeals and advisors, pursuant to the provisions of Chapter 12 of the Uniform Housing Code.

J. All condominium projects shall meet the requirements of Chapter 15.32 CVMC, which pertains to the undergrounding of utilities, and Chapter 18.44 CVMC, which pertains to the filing of declarations of covenants, conditions and restrictions in conjunction with the subdivision process. (Ord. 1937 § 1, 1981; Ord. 1873 § 1, 1979; Ord. 1841 § 1, 1979).

15.56.030 Satisfaction of said conditions required prior to final approval of subdivision or parcel map.

A. Compliance with the requirements for occupancy, enumerated in CVMC 15.56.020, shall be a condition precedent to the approval of a final subdivision map or parcel map which is required for the conversion of a multiple-family dwelling or dwelling group into a condominium project.

B. The subdivider may enter into an agreement and submit a bond guaranteeing the work and improvements required under CVMC 15.56.020, and if such is accepted by the city council, the map may be recorded. Completion of the required improvements is required prior to occupancy in the condominium units. (Ord. 1841 § 1, 1979).

15.56.040 Notice of intent to convert – 60-day right of first refusal to purchase.

The owners of multiple-family dwelling or dwelling group developments shall provide their tenants 120 days’ notice of their intent to terminate tenancies for the purpose of converting their developments to condominium ownership, and shall grant the tenants a 60-day right of first refusal to purchase their dwelling units as condominium estates. Neither the 120 days’ notice nor the 60-day right of first refusal shall commence to run prior to the owner’s establishment of a firm price for the involved condominium units. (Ord. 1841 § 1, 1979).

15.56.050 Notice of condominium conversion and previous occupancy by rental tenants to prospective purchasers.

The owners of residential condominium projects, which were created through the conversion of previously rented multiple-family dwelling or dwelling group developments, shall provide prospective purchasers of condominium units with notice that the involved projects are condominium conversions, and were originally occupied by tenants on a rental basis. (Ord. 1841 § 1, 1979).

15.56.060 Submittals required.

Together with the filing of any tentative map to create condominium units, the applicant shall file such information as is required to determine whether the proposed or existing development complies with the provisions of CVMC 15.56.020 (A) through (J). Such information may include, but shall not be limited to, the following:

A. Landscape plans which show existing as well as proposed plant materials;

B. Building elevations showing proposed or existing colors, materials and design features;

C. Statements with regard to the provision of water, gas and electric service, and meters;

D. Floor plans and plot plans showing building locations, off-street parking layout, landscaped areas, property lines, easements, etc. (Ord. 1841 § 1, 1979).

15.56.070 Discretion in approving storage space.

In considering tentative maps for condominium development and evaluating the manner in which storage space is provided as required by CVMC 15.56.020(C), the planning commission may recommend and the city council may approve departures from the stated standards after review of each proposal. Departures shall be based on the merits of the individual project when good cause can be shown. (Ord. 1873 § 1, 1979).