Chapter 10.25
CONDOMINIUMS
Sections:
10.25.020 Permit – New construction.
10.25.030 Permit – Conversion.
10.25.040 Information required.
10.25.060 Use permit – New construction – Application.
10.25.070 Use permit – Conversion – Application.
10.25.080 Use permit – Conversion – Review.
10.25.090 Conversion – Notice of required.
10.25.100 Conversion – Relocation assistance program for tenants.
10.25.130 Conversion – Additional requirements.
10.25.140 Declaration of covenants, conditions and restrictions.
Prior ordinance history: 386.
10.25.010 Definitions.
Except where the context otherwise requires, the definitions contained in this section shall govern the construction of this chapter. The word “may” is always directory and discretionary and not mandatory; the word “shall” is always mandatory and not directory or discretionary.
A. “City” means the city of Millbrae, California, including all of the territory and jurisdiction thereof as presently constituted, and any and all of the same which shall later come into existence by any manner or means whatsoever.
B. “City manager” means the city manager of the city.
C. “Common areas” means an entire project excepting all units therein granted or reserved.
D. “Community apartment” means 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” means the conversion of an existing structure to a community apartment containing two or more apartments to which there is the right of exclusive occupancy for residential purposes.
F. “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 a space in a residential, industrial or commercial building on such real property. A condominium may include a separate interest in other portions of such real property. Unless otherwise specified, the term condominium shall include both “proposed condominiums” and “condominium conversions.”
G. “Condominium conversion” means a proposed change in the ownership of a parcel or parcels of land, together with the existing or added structures, some of which were previously occupied, from that established to the type of ownership defined as “condominium” ownership.
H. “Condominium, proposed” means condominiums in which the unit(s) are not as yet constructed.
I. “Condominium project” means the entire parcel, or portion thereof, of real property, including all structures thereon, subdivided or to be subdivided for the purpose of constructing or converting existing structures to condominium units.
1. A condominium project, as the same is defined in Civil Code Section 1350, which is divided into five or more condominium units shall be subject to the requirements and procedures applicable to subdivisions as generally set forth in the subdivision chapter and any additional requirements and procedures herein set forth.
2. A condominium project, as defined in Civil Code Section 1350, which is divided into four or less condominium units shall be subject to the requirements and procedures applicable to tentative parcel maps as generally set forth in the subdivision chapter (unless the planning commission requires that provisions of the subdivision chapter pertaining to subdivisions of five or more lots be complied with) and any additional requirements and procedures herein set forth.
J. “Conversion” means a proposed change in the ownership interest of a parcel or parcels of land, together with the existing or added structures, some of which were previously occupied, from that established to the type of ownership interest defined as community apartments or stock cooperative or condominiums.
K. “Division of land” as used in this chapter includes in its meaning the division of air space into condominium units.
L. “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 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. “Townhouse” is a dwelling unit which is a portion of a multiple dwelling and has one or more common walls with other dwelling units, where such unit is the sole dwelling unit on a separate lot, and when ownership of such dwelling unit includes an interest in common areas other than the lot upon which the dwelling unit is situated.
N. “Unit” means the elements of a condominium which are to be owned individually and not in common with the owners of other elements of the project. Each unit in a condominium subdivision shall be considered as a parcel of land. A parcel consisting of common area only shall not be so defined.
O. All other terms in this chapter shall have the same definitions as set forth in the applicable state law relative to the subdivision of land and defined in this code unless otherwise specifically defined herein. Where applicable, the provisions of the subdivision chapter of this code and the State Map Act shall govern all applications hereunder. (Ord. 427, § 2, Amended by Ord. 698, § 1; 1976 Code § 10-5.01).
10.25.020 Permit – New construction.
Before final approval and issuance of any building permit for any condominium, community apartment, or stock cooperative project, a developer, builder, or other person seeking to construct such a project shall first apply for and obtain from the planning commission a use permit. Such permit shall be issued only (a) upon approval of the planning commission, or city council upon appeal or review, after it determines that such project conforms to the general plan and to all applicable zoning regulations as provided in MMC Title 10; and (b), upon the payment of a fee in the amount established by resolution of the city council as prescribed for condominium, community apartment, or stock cooperative projects. Applications for permits for new construction shall be evaluated and processed pursuant to the procedural requirements set forth for use permits in MMC 10.05.1290 to 10.05.1350, inclusive. (Ord. 427, § 2; 1976 Code § 10-5.02).
10.25.030 Permit – Conversion.
Any developer, builder or other person seeking to convert an existing structure to a condominium, community apartment, or stock cooperative shall first apply for and obtain from the planning commission a use permit for conversion. Such conversion permit shall be issued only (a) upon the approval of the planning commission, or city council upon appeal, after it has determined that the existing structure conforms to the general plan and to all applicable zoning regulations and all other city requirements; and (b) upon the payment of a fee in the amount established by resolution of the city council for conversions. Applications for conversion permits shall be evaluated and processed pursuant to the procedural requirements set forth for conditional use permits in MMC 10.05.1290 to 10.05.1350. (Ord. 427, § 2; 1976 Code § 10-5.03).
10.25.040 Information required.
The initial action in connection with the making of any condominium subdivision shall be the preparation of tentative map or parcel map, which shall include or be accompanied by the following data, as well as otherwise complying with the subdivision chapter and other applicable provisions of this code:
A. A complete legal description of the property and a boundary map showing the existing topography of the site and the location of all existing easements, structures and other improvements, and trees over six inches in diameter;
B. Dimensioned schematic development plans consisting of at least a site plan, parking plan, general layout of all structures, building elevations showing natural and proposed grades, transverse and longitudinal section showing natural and proposed grades, showing all rooms;
C. Square footage of each unit, private storage space outside of each unit and common areas;
D. A copy of the applicant’s proposed application for a subdivision permit in the event it is required to be issued by the Department of Real Estate of the state;
E. Proposed public areas to be dedicated, or scenic easements proposed, or land or money in lieu of land to be given for recreational areas as provided in Government Code Section 66479 and MMC 10.20.010 et seq.;
F. Provisions for dedication of land or easements for street widening, public access or other public purpose, where necessary and in accordance with established planned improvements;
G. Tree and landscaping removal and/or additions indicating type and sizes of proposed landscaping materials;
H. A copy of the proposed declaration of covenants, conditions and restrictions including, among others, those powers, duties, rights and obligations set forth in Civil Code Section 1355, and such declaration shall meet the reasonable requirements of the city attorney. By terms of the declaration, it shall inure to the benefit of the city and shall be enforceable by the city, and shall contain a fair housing element to be consistent with the housing element of the city general plan;
I. Any other information which the planning commission or city council may require. (Ord. 427, § 2; 1976 Code § 10-5.04).
10.25.050 Standards.
No proposed condominium or portion thereof shall be approved or conditionally approved in whole or in part unless the planning commission, or city council upon appeal, shall have reviewed and approved the following on the basis of their effect on sound community planning, the economic, ecological, social and aesthetic qualities of the community, and on public health, safety and general welfare, and shall have found that:
A. The overall impact on schools, parks, utilities, neighborhoods, streets, traffic, parking and other community facilities and resources will not be detrimental;
B. The project development plan and proposed improvements meet the design standards adopted by the city, or there are unusual circumstances regarding the development’s location, site or configuration, and that the project is in substantial compliance with both the standards and criteria, and that there are mitigating features incorporated in the project. (Ord. 427, § 2; 1976 Code § 10-5.05).
10.25.060 Use permit – New construction – Application.
The application for a use permit may be filed concurrently with the tentative subdivision map or parcel map, as the case may be, the approval of which is required for the use and development of any lot or parcel of real property for a condominium, condominium conversion, stock cooperative or community apartment project, irrespective of the area or size of such lot or parcel, or the tentative map may be filed within one hundred twenty days after approval of the use permit, in which case the map shall reflect and implement any changes or conditions required by the use permit. In addition to complying with MMC 10.05.1300, each application for a use permit shall be accompanied by the following:
A. A development plan containing the following shown to scale:
1. Location, height, the gross floor area, proposed structure;
2. Location, use and type of surfacing of all open storage areas;
3. Location and type of surfacing of all driveways, pedestrian ways, vehicle parking areas and curb cuts;
4. Location, height and type of material for walls, fences and hedges;
5. Location of all landscaped areas, type of landscaping and a statement specifying the method by which the landscaping area shall be maintained;
6. Location of all recreation facilities and amenities provided within the common area, and a statement specifying the method of maintenance thereof;
7. Location of all off-street parking facilities to be used in connection with each unit in the project;
8. Floor plan for each type of unit, estimated square footage and number of rooms in each unit;
9. Floor plans for each level, including garage levels showing the location of all private storage space outside of each unit and all common areas;
B. Six copies of plans and elevations of all structures showing architectural features, types and materials of construction;
C. A statement of the number of units and size of units;
D. A copy of a maintenance plan which clearly specifies methods and standards for performance of common responsibilities and maintenance for all common areas and equipment and fees to be assessed for such purposes. The maintenance plan shall include a sinking fund for major repairs and extraordinary expenses, including, but not limited to, landscaping, maintenance and capital improvements;
E. Three copies of the proposed covenants, conditions and restrictions for the proposed development, and to be reviewed by the city planning staff and approved by the city attorney;
F. Three copies of any and all bylaws, articles of incorporation and any and all rules and regulations for the use of the units in the project common areas;
G. One copy of each document filed or to be filed with the Real Estate Commissioner, Department of Real Estate of the state. (Ord. 427, § 2; 1976 Code § 10-5.06).
10.25.070 Use permit – Conversion – Application.
In addition to complying with the requirements of MMC 10.25.050 and 10.05.1300, each application for a use permit shall be accompanied by the following:
A. A complete set of plans showing all buildings as they exist at the time of the application and noting any proposed open space or off-street parking modifications;
B. A property report detailing the condition and useful life of the roof, foundation, mechanical, electrical, plumbing and structural elements of all existing buildings and structures, mechanical noise and energy insulation, sprinklers, alarms, elevators and sound transmission of each unit, and extent of deferred maintenance, prepared by a registered engineer experienced in making of such investigations. A copy of the property report shall be furnished to each prospective purchaser by applicant prior to sale of the unit in the project;
C. A report identifying all items not consistent with the city’s existing zoning, building, fire and housing codes, and California Administrative Code, Title 19, with special regulations for existing buildings, and the project’s compliance with standards specified herein, or as they may hereafter be amended. A copy of this report shall be furnished to each prospective purchaser by applicant prior to sale of the unit;
D. A detailed statement of repairs and improvements which will be done prior to sale of the unit;
E. A description of the amount of open space existing and the condition of the common areas, including landscaping, storm water drainage system, recreational features and facilities within the project area;
F. A building and zoning history, to the extent available, detailing the date of construction, major uses since construction and the dates, nature and scope of major repairs and alterations since construction;
G. A statement of the number of units, number of parking spaces per unit, and the number of tenants;
H. When determined to be applicable by the planning commission, the following shall also be furnished:
1. Structural pest infestation and dry rot report prepared by a licensed structural pest control operator, of an inspection made within one hundred twenty days prior to submittal of the use permit application;
2. A statement certifying that all tenants have been notified in writing of the intent to apply for conversion at least ninety days prior to its actual filing. Within that ninety-day period, prospective tenants also shall be notified of the application for conversion prior to rental. Copies of such notices so given shall be provided to the city attached to a copy of this statement;
3. A copy of the report describing all relocation and moving assistance the owner will provide;
4. Certification or verification that all tenants have or will receive the report describing the subdivider’s relocation assistance program for tenants in the event they do not purchase their respective units pursuant to the provisions of this chapter. (Ord. 427, § 2; 1976 Code § 10-5.07).
10.25.080 Use permit – Conversion – Review.
An application for a use permit to convert shall not be granted unless the planning commission, or city council upon appeal, determines that:
A. The proposed conversion is consistent with the housing element of the city general plan;
B. The proposed conversion will not have an adverse effect on the diversity of housing types available in the city;
C. The overall design and construction of the development meets the design standards adopted by the city or the project is in substantial compliance and satisfies the intent and purpose of this chapter. (Ord. 427, § 2; 1976 Code § 10-5.08).
10.25.090 Conversion – Notice of required.
At least ninety days prior to filing an application for a use permit to convert, the owner shall notify each tenant in the building to be converted, in writing, of the following:
A. That the owner intends to convert the building, and the type of conversion proposed;
B. That the owner intends to file an application for a use permit and a tentative subdivision or parcel map with the city and specifying the approximate date of the filing;
C. That no current tenant’s rent will be increased for six months following the date of the notice, or until tenant purchases a unit, or the tenant is relocated to other accommodations, whichever first occurs;
D. That each tenant shall have the first right to purchase the converted unit which the tenant shall have occupied for a period of three months after receipt of a written notice of city approval of the conversion and a copy of the condominium final subdivision public report of the California Department of Real Estate;
E. That each tenant will be given seven days prior notice by conspicuous posting on the property by the owner of the date, place and time of any meeting scheduled to be held on the use permit and tentative subdivision or parcel map by the planning commission or city council of the city. The owner shall file verification of the sending of the notice with the city clerk of the city prior to or at the hearing on the application for a use permit;
F. That any current tenant shall be entitled to remain in possession of his or her unit for a period of one year after issuance of a use permit or approval of a final subdivision map or parcel map, whichever last occurs; provided, however, that the current tenant’s rent shall not be increased during the additional one year occupancy period more than the increase in the cost of living. Any change in the cost of living shall be measured by the Consumer Price Index for Urban Wage Earners and Clerical Workers, San Francisco-Oakland, California. (Ord. 427, § 2; 1976 Code § 10-5.09).
10.25.100 Conversion – Relocation assistance program for tenants.
Prior to filing an application for a tentative or parcel map for a conversion, the owner of the property proposed to be converted shall cause to be prepared a report describing all relocation and moving assistance and information to be provided to each tenant and all steps the owner will take to ensure the successful relocation of each tenant in the event that conversion takes place. (Ord. 427, § 2; 1976 Code § 10-5.10).
10.25.110 Conditions.
Approval of a proposed subdivision map or a parcel map for conversion purposes shall be conditioned to secure the purposes of this chapter. Such conditions shall include, but are not limited to, the following:
A. An inspection of the premises to ascertain that the structures are consistent with the public health and safety shall be completed at applicant’s expense by city or city’s designee prior to conveyance.
B. Hazardous and unsafe conditions shall be alleviated and repaired prior to conveyance of the units even though the condition may have complied with city codes in effect at the time of original construction.
C. The condominium project must meet, at a minimum, the standards of the city’s codes in effect as of the date of construction of the project sought to be converted.
D. New projects shall meet the development standards specified in this chapter, or as later amended. Where exceptional conditions, practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this chapter may result from the strict application of certain provisions hereof, an exception may be granted in conjunction with the use permit.
1. A public hearing may be held by the planning commission for any request for an exception to adopted standards. Notice of such hearing shall be given in the same manner as provided by MMC 10.05.1600.
2. A report shall be filed with the application in content and form satisfactory to the city showing the extent to which the proposed conversion will not comply fully with the building and zoning codes and this chapter at the time of filing the application for a use permit and requesting exceptions from the requirements of the code provisions and this chapter and the reasons therefor. The applicant must justify the proposed conversion and demonstrate that specific mitigation measures will be incorporated in the project.
3. If the planning commission finds that the project is in substantial compliance with the design standards and criteria, the commission may designate such conditions in connection with the exception requested as it deems necessary to secure the purposes of this chapter and may require guarantees and evidence that such conditions are being or will be complied with.
E. The applicant shall furnish the city with a copy of the Department of Real Estate’s Condominium Final Subdivision Report when issued.
F. In lieu of the provision contained in MMC 10.25.090(F), each current tenant age sixty-two years or older shall be entitled to remain in possession of his or her unit for a period of time after issuance of a use permit or approval of a final subdivision map or parcel map, whichever last occurs, equal to the period of time he or she was a tenant prior to issuance of a use permit or approval of a final subdivision map or parcel map; provided, however, in no event shall the additional period of occupancy referred to in this subsection be longer than five years; provided, further that the tenant’s rent shall not be increased during the additional period of occupancy more than the increase in the cost of living. Any change in the cost of living shall be measured by the Consumer Price Index for Urban Wage Earners and Clerical Workers, San Francisco-Oakland, California. (Ord. 427, § 2; 1976 Code § 10-5.11).
10.25.120 Findings.
Prior to approval of any tentative or subdivision or parcel map for a condominium, condominium conversion, stock cooperative or community apartment project, the planning commission or city council, as the case may be, shall make findings required by Section 66427.1 and, as applicable, Section 66474 of the Government Code of California, or as hereafter amended, and shall find and determine that project as proposed meets each of the following standards:
A. The project conforms to all of the requirements of the zoning district in which it is located.
B. There are not less than one and one-half off-street parking spaces per living unit, including at least one covered vehicle parking space per unit.
C. Each unit within the project shall have enclosed, weatherproofed and lockable private storage space for the sole use of the unit owner.
D. The structure shall conform to all interior and exterior sound transmission standards of the Uniform Building Code, state laws and/or regulations and city ordinances. The interior noise level shall be less than 45 CNEL. Sound control between units and between units and public areas shall provide an airborne sound insulation equal to that required to meet a Sound Transmission Class (STC) of 43 by field testing. Impact Insulation Class (IIC) of 43 by field testing is required. Entrance doors and perimeter seals shall meet a rating of not less than 26 STC. To assure compliance with the above, all units must be field tested and certified by an approved testing agency. In such cases where present standards cannot reasonably be met and if an exception is granted, the planning commission or city council, as the case may be, must require the applicant to notify potential buyers of the noise deficiency currently existing within the units.
E. The roof and perimeter walls of the building shall be insulated to conform with Energy Conservation requirements of Title 24.
F. Each unit shall have separate utility meters for gas and electricity.
G. The project shall conform with the minimum building security regulations adopted by the city, and the costs of any security measures required by the city shall be paid for by the person seeking approval of the map.
H. Walls and floor/ceiling separating dwelling units shall be two-hour fire-resistive occupancy separations.
I. Every dwelling unit shall be provided with a smoke detector conforming to Uniform Building Code Standard No. 43-6 and as required by the city fire department, and the structure which is the subject of the project shall be equipped with life safety and fire protection systems approved by the city fire department. Sprinklers shall be provided as required by the applicable Fire Prevention Code as adopted by the city at the time of approval of the map.
J. Provision shall be made for an enclosed trash area within the proposed structure.
K. The city may require structural or mechanical changes reasonably necessary to adequately protect the public health, safety and welfare.
L. A knox box with a master key shall be provided for each building in order to permit fire department access to all common areas, including hallways, storage areas, social rooms, equipment rooms, garbage rooms, garage and recreation areas.
M. Guest parking will be considered for each project.
N. The planning commission shall review the adequacy of open space in terms of area, and privacy standards. Private outdoor space shall be provided for each unit, where practical. The amount of space shall be determined in each case by the size of the unit and amount of common open space.
O. All permanent mechanical equipment such as motors, compressors, pumps and compactors which is determined by the building official of the city to be a source of structural vibration or structure borne noise shall be shock mounted in inertia blocks or bases and/or vibration isolators in a manner approved by the building official.
P. Greater consideration will be given independent systems for heating, ventilating and air conditioning (HVAC) so that each unit can be controlled and regulated by the occupants and the energy required for operation can be billed separately. (Ord. 427, § 2; 1976 Code § 10-5.12).
10.25.130 Conversion – Additional requirements.
The following additional requirements, or some of them, may be imposed in connection with the approval of any tentative subdivision or parcel map for the conversion of an existing structure to a condominium, community apartment or stock cooperative project in order to secure the carrying out of the stated purposes of this chapter:
A. An inspection of the premises to ascertain that the structure is consistent with the public health and safety to be completed at applicant’s expense by the city or city’s designee prior to final map approval. Approval for occupancy shall not be granted until all other conditions of approval have been met and accepted by the city as satisfactory.
B. For the purpose of meeting structural, sound control and energy conservation requirements of this chapter, all walls, floors and other structural elements deemed suspect by the building official of the city shall be opened for inspection and necessary corrections shall be made to the structure prior to receiving approval for occupancy.
C. All public improvements which are necessary to comply with standards of the city shall be required and completed prior to approval of the final map.
D. The applicant shall post an irrevocable bond or warranty with the project’s homeowners’ association assuring the operation and maintenance of all built-in appliances in each unit for a period of one year after conveyance of each unit. Any residential conversion project shall contain clothes washing and drying appliances at a minimum ratio of one of each such appliance per five units, or fraction thereof, in the project to be located in a facility readily accessible to all occupants. A similar bond or warranty for the clothes appliances shall be posted with the association for a like period of operation and maintenance. (Ord. 427, § 2; 1976 Code § 10-5.13).
10.25.140 Declaration of covenants, conditions and restrictions.
The proposed covenants, conditions and restrictions and any condominium agreements for the project shall set forth the occupancy and management policies for the project and shall include, but not be limited to, the following:
A. Provision in a manner reasonably satisfactory to the city for the maintenance of common areas of any such project by the city in the event of default in the maintenance of such common areas by individual owners of the units or a homeowners’ association and for reimbursement to the city for any costs incurred thereby;
B. A restriction of the use of each unit in a residential project to use as a single-family residence;
C. A plan for assignment of off-street parking spaces and enforcement of parking regulations and requiring the approval of the city council of the city for subsequent changes thereto;
D. Proposed assessment fees to members of the owners association for annual operating budget;
E. Method for conveyance of units;
F. Description of the proposed project organization including the use and control of the common elements and recreation facilities within the project. (Ord. 427, § 2; 1976 Code § 10-5.14).
10.25.150 Appeal.
Any decision of the planning commission in any matter under this chapter may be appealed to the city council and any appeal shall be heard in the manner specified in MMC 10.05.1490 to 10.05.1540, inclusive. (Ord. 427, § 2; 1976 Code § 10-5.15).