Chapter 17.35

17.35.010    Purpose.

17.35.020    Definitions.

17.35.030    Subdivision required.

17.35.040    Application for subdivision.

17.35.050    Standards.

17.35.060    Private interior streets and parking lots.

17.35.070    Other requirements.

17.35.080    Appeal and hearing.

17.35.090    Findings.

17.35.100    Fees.

17.35.110    Variances of chapter provisions.

17.35.120    Appeals.

17.35.010 Purpose.

The purpose of this chapter is to protect the public health, safety and welfare by the regulation of conversion of multiple-family rental housing to condominiums, community apartments or stock cooperatives. This chapter is intended to:

(1)    Implement the Marysville General Plan Housing Element by:

(a)    Providing a wide range of housing opportunities for all segments of the population;

(b)    Providing for balanced neighborhoods with differing housing supplies.

(2)    Establish criteria for the conversion of existing multiple-family rental housing to condominiums, community apartments, and stock cooperatives:

(a)    Reducing the impact of such conversion on residents of rental housing who might be displaced;

(b)    Assuring adequate information is provided to purchasers of such conversions. (Ord. 956 § 1 (part), 1981).

17.35.020 Definitions.

For the purpose of this chapter, the following definitions shall apply:

(1)    "Community apartment project" means a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

(2)    "Condominium" means 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.

(3)    "Condominium project" means the subdivision of real property to create five or more condominiums.

(4)    "Stock cooperative" means 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 to occupancy is transferable only concurrently with the transfer of share or shares of stock or membership certificate in the corporation held by the person having such right of occupancy. The term "stock cooperative" does not include a limited-equity housing cooperative, as defined in Section 11003.4 of the Business and Professions Code. (Ord. 956 § 1 (part), 1981).

17.35.030 Subdivision required.

(a)    No person, firm, corporation, partnership or other entity shall convert existing dwelling units to a condominium project, community apartments, or stock cooperative without first having secured approval of a subdivision allowing such conversion by the planning commission and city council.

Any subdivision approved hereunder may be made subject to such reasonable terms and conditions as in the judgment of the city council are necessary to insure compliance with the purpose, spirit and intent of this chapter and the California Subdivision Map Act.

(b)    A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units. (Ord. 1149 § 36, 1992: Ord. 1112 § 34, 1991; Ord. 956 § 1 (part), 1981).

17.35.040 Application for subdivision.

Application for subdivision pursuant to this chapter shall include the following:

(1)    A facilities plan prepared by a California-licensed architect or California registered civil or structural engineer detailing the condition and estimated useful life of all elements of the existing buildings and other structures involved in the project including, but not limited to, roofs, foundations, mechanical systems, electrical systems, plumbing systems, fire protection systems, heating and air-conditioning systems, and swimming pools;

(2)    A development plan of the project site including:

(a)    The exterior boundaries and dimensions of the project site and the names and locations of adjacent streets,

(b)    The physical development existing or proposed on the site including the size, shape, location, type of materials used and use of all buildings, structures, paved areas, landscaped areas, open spaces, walls, fences, recreational facilities, utilities, exterior lighting, directional signs and other common facilities,

(c)    Existing and proposed elevations;

(3)    A schedule of completion for all physical development of common facilities proposed in the project;

(4)    A structural pest report prepared by a licensed pest control operator;

(5)    Preliminary title report;

(6)    A copy of the proposed covenants, conditions and restrictions to be applied to the project.

The final form of the application shall be as approved by the community development director and shall remain on file in the planning department for review by any interested persons. The application shall be referenced in the department’s report to the planning commission. (Ord. 1149 § 37, 1992: Ord. 1112 § 35, 1991; Ord. 956 § 1 (part), 1981).

17.35.050 Standards.

Building requirements shall be as follows:

(1)    Fire alarm systems shall be provided to the satisfaction of the fire chief and may include smoke detectors or other fire alarm systems to the satisfaction of the fire chief.

(2)    Separate meters for gas, electricity and domestic water use shall be provided for each unit.

(3)    Provision for joint use of utilities shall be provided for common areas.

(4)    Declarations of covenants, conditions and restrictions shall include a statement requiring each individual owner and the owner’s association to comply with all building and safety codes enforced by the city building and fire departments. (Ord. 956 § 1 (part), 1981).

17.35.060 Private interior streets and parking lots.

(a)    Streets and parking lots shall be in a maintained condition equivalent to two inches type B.A.C. on four-inch class II aggregate base to the satisfaction of the public works director.

(b)    Parking shall be provided at a rate of at least one and one half spaces per unit. (Ord. 956 § 1 (part), 1981).

17.35.070 Other requirements.

(a)    Screened rubbish collectors shall be provided sufficient to serve all units and located for convenience to users and rubbish disposal contractors.

(b)    Lighting shall be provided to avoid dark spots in the common areas.

(c)    Landscaping shall be provided to meet the current zoning code for the district.

(d)    Unit numbers shall be provided so as to be visible for emergency use to the satisfaction of the fire chief. (Ord. 956 § 1 (part), 1981).

17.35.080 Appeal and hearing.

The planning commission or city council, on appeal, shall hold a public hearing to review all applications for conversions submitted pursuant to this chapter. Notice of the hearing shall be provided to all tenants of the project and to surrounding property owners within two hundred feet at least ten days prior to the hearing date. (Ord. 1149 § 38, 1992: Ord. 1112 § 37, 1991; Ord. 956 § 1 (part), 1981).

17.35.090 Findings.

The planning commission shall not approve any application for conversion of rental units unless the planning commission can find that:

(1)    All provisions of this chapter are met;

(2)    The applicant has met all provisions of the Subdivision Map Act. (Ord. 1149 § 39, 1992: Ord. 1112 § 37, 1991; Ord. 956 § 1 (part), 1981).

17.35.100 Fees.

The city council shall establish fees for processing applications for conversion by resolution. (Ord. 956 § 1 (part), 1981).

17.35.110 Variances of chapter provisions.

Variances from the requirements of this chapter may be granted by the planning commission or city council, on appeal, when at least one of the following findings can be made based on evidence presented at the hearing:

(1)    There are exceptional or extraordinary circumstances or conditions applicable to the property; or

(2)    The unique nature of the particular project requires design innovations to carry out the intent of this chapter; or

(3)    The granting of the modification will not be detrimental to the public welfare or safety or be injurious to other property in the surrounding areas. (Ord. 1149 § 40, 1992: Ord. 1112 § 38, 1991: Ord. 956 § 1 (part), 1981).

17.35.120 Appeals.

Appeal may be made to the council from any decision, determination or requirement of the planning commission or city engineer by filing a notice in writing with the city clerk within ten days after such decision or determination or requirement is made. (Ord. 1149 § 41, 1992: Ord. 1112 § 39, 1991: Ord. 956 § 1 (part), 1981).