Chapter 24.72
CERTIFICATE OF USE AND OCCUPANCY FOR COMMUNITY HOUSING
Sections:
24.72.020 Required – Application.
24.72.030 Requirements for issuance.
24.72.040 Additional requirements for buildings not previously occupied.
24.72.050 Additional requirements for previously occupied buildings.
24.72.060 Issuance procedures.
24.72.070 Use of certificate for advertising – Prohibited.
24.72.080 Voidable actions designated.
24.72.010 Definitions.
As used in this chapter, the following words shall have the following definitions:
“Association” means the organization of persons who own a lot, parcel, area, condominium, or right of exclusive occupancy in a community housing project.
“Community housing” and “community housing project” mean and include the following: a condominium project, as defined in Section 1351(f) of the Civil Code, containing two or more condominiums, as defined in Section 783 of the Civil Code; a community apartment project, as defined in Section 11004 of the Business and Professions Code, containing two or more rights of exclusive occupancy; a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code, containing two or more rights of exclusive occupancy; and a planned development, as defined in Section 11003 of the Business and Professions Code, containing two or more separately owned lots, parcels, or areas.
“Developer” means the owner or subdivider with a controlling proprietary interest in the community housing project, or the person or organization making application under this chapter.
“Organizational documents” means the declaration of restrictions, articles of incorporation, bylaws, and any contracts for the maintenance, management, or operation of all or any part of a community housing project. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.18.010].
24.72.020 Required – Application.
No final subdivision map or parcel map shall be approved for a community housing project before a developer shall have first obtained a certificate of use and occupancy for community housing prior to the sale, lease, use, or occupancy of any building or structure as community housing.
Such certificate shall be obtained regardless of the previous use, occupancy, or tenancy or whether any changes, alterations, or modifications have been made to any portion of any existing building or structure.
Application for a certificate of use and occupancy for community housing shall be made to the community development director. Such application shall be submitted with an inspection fee as established by resolution of the council, and shall include:
(a) The organizational documents;
(b) A preliminary annual operating budget containing a sinking fund reasonably calculated to accumulate reserve funds to pay for major anticipated maintenance, repair, or replacement expenses and, in the case of previously occupied buildings and structures, a property report and structural pest report as required by PGMC 24.72.060(e) and (f). [Ord. 09-005 § 37, 2009; Ord. 1765 N.S. § 32, 1991; Ord. 879 N.S. § 4, 1976. Formerly 24.18.020].
24.72.030 Requirements for issuance.
The requirements for issuance of a certificate of use and occupancy for all community housing projects are as follows:
(a) The organizational documents shall provide that the association is responsible for maintenance and landscaping of all parts of the community housing project which are held in common and that such maintenance shall be performed to the standard of maintenance prevalent in the neighborhood.
(b) The organizational documents shall allow the association to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties, three months after the association assumes control of the community housing project or any time thereafter.
(c) Any violations of the latest adopted edition of the Uniform Building Code, promulgated by the International Conference of Building Officials, shall be corrected and any equipment or facilities which the chief building inspector determines are deteriorated or hazardous shall be repaired or replaced.
(d) A final subdivision map or parcel map for such project shall have been approved and recorded in accordance with this title and the state Subdivision Map Act. [Ord. 09-005 § 37, 2009; Ord. 98-34 § 10, 1998; Ord. 879 N.S. § 4, 1976. Formerly 24.18.030].
24.72.040 Additional requirements for buildings not previously occupied.
Buildings and structures which have not been previously occupied or used shall comply with the following requirements, in addition to those in PGMC 24.72.030:
(a) At least 200 cubic feet, with a minimum horizontal surface area of 25 square feet of enclosed, weatherproof, lockable storage space shall be provided for each dwelling unit. Such storage space shall be in addition to that ordinarily contained within a unit as cabinets, pantries, and clothes closets. Such storage space may be located in or separated from the dwelling unit.
(b) Wall and floor-ceiling assemblies shall conform to the sound insulation performance criteria promulgated in Title 25, California Administrative Code, Section 1092, or its successor.
(c) The consumption of gas and electricity within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility. A water shut-off valve shall be provided for each unit.
(d) All permanent mechanical equipment, including domestic appliances, which is determined by the chief building inspector to be a source or potential source of vibration or noise, shall be shock-mounted, isolated from the floor and ceiling, or otherwise installed in a manner approved by the chief building inspector to lessen the transmission of vibration and noise. [Ord. 09-005 § 37, 2009; Ord. 98-34 § 11, 1998; Ord. 879 N.S. § 4, 1976. Formerly 24.18.040].
24.72.050 Additional requirements for previously occupied buildings.
Subdivisions which involve the conversion of existing buildings to community housing projects under Chapter 23.29 PGMC shall comply with the provisions thereof in lieu of PGMC 23.18.060, 24.72.020 and 24.72.030 except to the extent incorporated into said Chapter 23.29 PGMC. [Ord. 09-005 § 37, 2009; Ord. 1176 N.S. § 2, 1980; Ord. 879 N.S. § 4, 1976. Formerly 24.18.050].
24.72.060 Issuance procedures.
The following procedures shall be followed in issuing such certificate of use and occupancy:
(a) Upon receipt of an application for a certificate of use and occupancy for community housing, the chief building inspector shall cause an inspection to be made of all buildings and structures in the proposed community housing project. The chief building inspector shall prepare an inspection report identifying all items in violation of the Uniform Building Code and any additional equipment and facilities he or she determines to be deteriorated or hazardous.
The initial inspection report shall be presented to the developer who shall correct all violations of the Uniform Building Code and repair or replace any equipment or facilities determined to be deteriorated or hazardous.
(b) The chief building inspector shall review the property report and may require its revision and resubmission if he or she determines that substantial evidence shows that any statement therein is without foundation in fact. Such report may be revised to reflect improvement, repair, or replacement.
(c) The developer shall repair or replace any damaged or infested areas in need of repair or replacement as shown in the structural pest report.
(d) The chief building inspector shall cause a final inspection of all buildings and structures to be made, upon request by the developer, to determine that the requirements of this chapter have been fulfilled. The chief building inspector shall then mark the inspection report to show the corrections, repairs, and replacements which have been made.
(e) The organizational documents shall be submitted to the city attorney for a determination that such documents comply with the requirements of this chapter.
(f) The property report, the marked inspection report, the structural pest report, and the preliminary annual operating budget shall be kept on file for five years as public records in the Division of Inspectional Services and copies of such documents shall be sent to the Real Estate Commissioner. [Ord. 09-005 § 37, 2009; Ord. 98-34 § 12, 1998; Ord. 879 N.S. § 4, 1976. Formerly 24.18.060].
24.72.070 Use of certificate for advertising – Prohibited.
The developer shall make no advertising use of such certificate of use and occupancy for community housing or the fact that such certificate has been issued. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.18.070].
24.72.080 Voidable actions designated.
Any sale, lease, contract to sell or lease, deed, or conveyance of any building, structure, or unit therein or right of exclusive occupancy made contrary to the provisions of this chapter is voidable at the sole option of the purchaser, person contracting to purchase, lessee, grantee, his or her heir, personal representative, or trustee in insolvency or bankruptcy within one year after the date of execution of the deed, conveyance, lease, or contract to sell, but such instrument is binding upon any assignee or transferee of the grantee, buyer, or person contracting to purchase, lease, or take and upon the grantor, vendor, lessor, or person or organization contracting to sell, lease, or convey, and his or her assignee, transferee, heir, or devisee. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.18.080].