Chapter 17.60


17.60.010    Purpose.

17.60.020    Definitions.

17.60.030    Scope.

17.60.040    Compliance required.

Sections: (Continued)

17.60.050    Fees.

17.60.060    Application approval--Conditions.

17.60.010 Purpose.

Condominiums and community apartment projects combining a common ownership interest in a particular project with an ownership or right of occupancy in an individual unit in a particular project are different from conventional and familiar patterns of housing in the city of Half Moon Bay.  While condominiums, community apartment projects, and stock cooperatives present benefits in the nature of increased amenities, opportunities for dwelling ownership, and leisure time, the special nature of such projects creates conditions that may result in neglect, deterioration, and lack of maintenance, causing a negative impact upon the public health, safety, welfare and economic prosperity of the city and its citizens.  Because of the unique nature of the problems created by condominiums, community apartments, and stock cooperatives, it is the express intent of the city to treat such projects differently from other types of multiple-family dwellings and to establish rules and standards therefor, regulating the construction of and conversion to condominiums, community apartment projects, and stock cooperatives in the city.  It is further the purpose of the city in enacting the ordinance codified in Chapters 17.60, 17.62, 17.64, and 17.66 to preserve rental housing for the residents of the city and to provide an affordable housing source for low- and moderate-income residents of the city.  (Ord. 3-94 §1(part), 1994).

17.60.020 Definitions.

For the purposes of this title, the following words shall have the following meanings:

A.    “Apartment” means a dwelling or any structure designed or used to house two or more families as the term “family” is defined in Section 18.02.040 of this code, living independently of each other.

B.    “Association” means the organization of persons who own a condominium unit or right of exclusive occupancy in a community apartment.

C.    “Common area” is an entire project excepting all units therein.

D.    “Community apartment” is an estate in real property consisting of an undivided interest in common in a parcel of real property and the improvements therein coupled with the right of exclusive occupancy for residential purposes of an apartment located thereon.

E.    “Community apartment project” is a community apartment containing five or more units, to which there is the right of exclusive occupancy for residential purposes and includes a conversion to such a project.

F.    “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.  Such estate may, with respect to the duration of its enjoyment, be either:

1.    An estate of inheritance or perpetual estate;

2.    An estate for life; or

3.    An estate for years, such as a leasehold or sub-leasehold.

G.    “Condominium permit” means that certificate issued by the city to a developer authorizing and approving a project.

H.    A “condominium project” is a condominium containing five or more units for residential, industrial or commercial purposes and includes a conversion to such a project.

I.    “Conversion” is a proposed change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to a condominium, a community apartment, or a stock cooperative, regardless of the present or prior use of such land and structures and regardless of whether improvements have been made or are to be made in such structures.

J.    “Developer” is the owner or subdivider with a controlling proprietary interest in a proposed project.

K.    “Organizational documents” are the declaration of covenants, conditions, and restrictions, articles of incorporation, bylaws, and any contracts for the maintenance, management, or operation of all or any part of a project.

L.    “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.

M.    “Unit” is the element of the community apartment project, a condominium project, or a stock cooperative project which is not owned in common with the owners of condominiums in the project or is an apartment in a community apartment project or stock cooperative project to which an owner of an undivided interest in common in the community apartment project or stock cooperative has a right of exclusive occupancy.

N.    “Vacancy rate” means the number of apartments being offered for rent or lease in the city shown as a percentage of the total number of apartments offered for or under rental or lease agreement in the city.

O.    “Vacancy surplus” means the number of apartments being offered for rent or lease in excess of a ten percent vacancy rate.  (Ord. 3-94 §1(part), 1994).

17.60.030 Scope.

A.    The provisions of Chapters 17.60, 17.62, 17.64, and 17.66 shall be in addition to all other provisions relating to the subdivision of land, and shall apply to real estate developments as defined in Section 11003.1 of the Business and Professions Code, condominiums, community apartments, stock cooperatives, and conversions thereto.

B.    No building or buildings shall be permitted to be converted into community apartment projects, condominium projects, or stock cooperative projects unless such project contains five or more units.  (Ord. 3-94 §1(part), 1994).

17.60.040 Compliance required.

All applications for a community apartment project, condominium project and stock cooperative project shall comply with all provisions of this title and the Subdivision Map Act.  (Ord. 3-94 §1(part), 1994).

17.60.050 Fees.

Community apartment projects, condominium projects, and stock cooperative projects, whether new construction or conversion, shall be subject to the assessment and payment of all fees required for new construction subdivisions.  These fees shall be in the amount stipulated in the pertaining ordinances in effect at the time of a subdivision map approval.  The timing of payment shall also be stipulated in the pertaining section of the existing ordinances.  If a project paid any of the development fees which are currently required at the time that it was initially constructed, additional development fees as required for new subdivisions will be reduced by the amount previously paid.  (Ord. 3-94 §1(part), 1994).

17.60.060 Application approval--Conditions.

No application for approval of a community apartment project, a condominium project or a stock cooperative project tentative subdivision map shall be approved for one year subsequent to final building inspection for issuance of an occupancy permit for any new building or structure unless the application for approval was submitted and approved prior to issuance of a building permit for the building or structure.  (Ord. 3-94 §1(part), 1994).