Chapter 17.48
COMMUNITY HOUSING SUBDIVISIONS

Sections:

17.48.010    Definitions.

17.48.020    Conversions—Submittal requirements.

17.48.030    Planning Commission and City Council approval criteria.

17.48.010 Definitions.

As used in this chapter:

A.    “Community housing subdivision” means the division of land or air space for one or a combination of the following projects:

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

2.    “Community housing project” means a project in which an undivided interest in land is coupled with the right of exclusive occupancy of any dwelling units located on the land.

3.    “Condominium” means an estate in real property, consisting of a separate interest in a building on such real property, together with an undivided interest in common to other portions of the same property, the owners being the grantees of the units, each grantee owning a separate interest in his unit, and an interest as a tenant in common in the common areas.

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 of occupancy is transferable only concurrently with the transfer of the shares of stock in the corporation held by the person having such right of occupancy.

B.    “Conversion” means a proposed change in the ownership of a parcel or parcels of land or air space, together with an existing structure or added structures, some or all of which were previously occupied, from that established to the type of ownership defined as community housing subdivision ownership.

C.    “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 the apartments offered for or under rental or lease agreement in the City, as determined by the State Department of Finance, or as otherwise required by the City and paid for by the applicant. (Ord. 1439 § 4 (Exh. F (part)), 2011; Ord. 1180 § 2, 1995; Ord. 871 § 1 Ex. A (part), 1980)

17.48.020 Conversions—Submittal requirements.

The following shall be required to be submitted with or as part of the required tentative map in addition to the requirements for a tentative map as specified in Chapter 17.24 for all proposed community housing subdivisions:

A.    Approximate plan and location of all units, common areas, private open space areas, storage spaces outside of each unit, common areas reserved for exclusive use of unit owners, parking spaces, and facilities and amenities provided within the common area;

B.    Estimated square footage of the building, each unit and the number of bedrooms in each unit;

C.    Proposed covenants, conditions and restrictions affecting the owners of the dwelling units within the project;

D.    A plan demonstrating compliance with Chapter 18.16, Affordable Housing Programs;

E.    A plan providing sufficient detail demonstrating compliance with the regulations of Title 18, Zoning, pertaining to transportation demand management (TDM), landscaping, parking and loading, fences and walls, lighting and illumination, trash and recycling collection areas;

F.    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, prepared by a qualified engineer or building official. A copy of this report shall be furnished to each prospective purchaser by the applicant prior to sale of the unit;

G.    A report identifying all items not consistent with the City’s existing zoning other than specified in subsection E of this section, building and fire codes. A copy of this report shall be furnished to each prospective purchaser by the applicant prior to sale of the unit;

H.    A list of the full names and addresses of each tenant occupying the building on the date of application;

I.    A statement of repairs and improvements which will be accomplished prior to sale of the units;

J.    A vacancy rate survey demonstrating the vacancy rate existing at the time of the submittal of the application. This survey may be waived by the Planning Director if the applicant chooses to utilize the State Department of Finance statistics for purposes of determining the City’s existing vacancy rate. The applicant shall inform the City in writing of their decision to either conduct a vacancy rate survey or utilize the State Department of Finance vacancy rate for purposes of their application, at the time of application submittal. (Ord. 1439 § 4 (Exh. F (part)), 2011: Ord. 1180 §§ 4, 5, 1995; Ord. 871 § 1 Ex. A (part), 1980)

17.48.030 Planning Commission and City Council approval criteria.

No proposed community housing subdivision or portion thereof shall be approved or conditionally approved, in whole or in part, unless the Planning Commission or City Council shall have found that the proposed project complies with all of the following requirements. In order to assure compliance, the Planning Commission or City Council may impose such conditions as are necessary to implement the spirit and intent of this section.

A.    The tentative map or tentative parcel map meets the required findings pursuant to Section 17.24.110(D).

B.    Transportation demand management (TDM), landscaping, parking and loading, fences and walls, lighting and illumination, trash and recycling collection areas are consistent or provisions have been made to be consistent with the regulations as specified in Title 18, Zoning, unless otherwise approved by the Planning Commission.

C.    Covenants, Conditions and Restrictions.

1.    Each community housing subdivision shall be required to have covenants, conditions and restrictions (hereinafter referred to as “CC&Rs”) which, if approved, shall be recorded by the County Recorder at the time of recordation of the final map or parcel map.

2.    The project homeowner’s association shall be incorporated as a California corporation when the project contains fifteen or more units.

3.    The subdivider shall provide a copy of the proposed budget for the homeowners association, including therein provisions for an initial developer contribution to the association establishing reserves for depreciated components (i.e., roof, mechanical equipment), in an amount equal to the total replacement value of such components times the ratio of the number of years past since the original installation of the new component, divided by the total useful life of the individual component, less any salvage value. The determination of the values within these ratios shall be verified by the Chief Building Official or other appropriate City Official prior to approval of the tentative map.

D.    A vacancy rate study, as required in Section 17.48.020 and defined by Section 17.48.010(C), showing that there is an acceptable vacancy rate within the City consistent with the intent of the San Carlos Housing Element and General Plan and that the residential condominium conversion is in the best interests of the community. The Planning Commission shall consider the following factors in determining whether a condominium conversion is in the best interests of the community prior to approval of a tentative map or tentative parcel map:

1.    The impact of the proposed residential conversion on the existing apartment housing supply;

2.    The ratio of the number of residential condominium units available to the number of apartment units available;

3.    The affordability level of both rental and purchase units, in relation to the current needs of the community.

E.    Submission of Final and Parcel Maps. After approval or conditional approval of a tentative map or a tentative parcel map, the subdivider shall cause the community housing subdivision, or any part thereof, to be surveyed, and shall cause to be prepared a final map or parcel map in conformance with the tentative map or tentative parcel map as approved or conditionally approved, and in compliance with the provisions of the Subdivision Map Act and Title 17. The subdivider shall submit such map, complying with all conditions of approval, and the final map or parcel map shall have been recorded within eighteen months of such approval or conditional approval. In no case shall a condominium plan, as provided for in Title 6, Chapter 1 of the California Civil Code, be used to comply with the provisions of this chapter. In addition to the regulations of Chapter 17.28, Final Maps and Parcel Maps, the following information shall be submitted:

1.    Tenant Protection in Conversion Projects. At the time the subdivider submits a final map to the City Council for approval, he shall provide written evidence that each of the following tenant-protection measures has been accomplished:

a.    Each of the tenants of the proposed community housing subdivision project has been or will be given one hundred twenty days’ written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion;

b.    Each of the tenants of the proposed community housing project has been or will be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such unit will be initially offered to the general public, or terms more favorable to the tenant. The right shall run for a period of not less than sixty days from the date of issuance of the subdivision public report unless the tenant gives prior written notice of his intention not to exercise the right;

c.    Relocation assistance in the form of information about available rental units at similar prices and in the same general area shall be provided each tenant, together with a relocation allowance equal to two months’ rent at the tenant’s rate in effect at the time the application is filed, for all tenants who are unable or unwilling to purchase a unit.

2.    Design and Improvements. The following design and improvement items shall be accomplished prior to recordation of the final map or parcel map, or shall be included in the subdivision agreement to be accomplished subsequent to recordation of the final map or parcel map:

a.    An inspection shall be performed of the premises to ascertain that structures are consistent with the public health and safety, and shall be completed at the applicant’s expense by the City or the City’s designee. Hazardous and unsafe conditions shall be eliminated and/or repaired.

b.    The community housing subdivision project shall meet the standards of the City’s building codes currently in effect, with the exception of energy and sound-transmission requirements required in new construction. Energy and sound-transmission requirements shall be as specified below in this section.

c.    Parking shall be consistent with ordinances and standards currently in effect.

d.    All public improvements necessary to comply with current City standards shall be installed.

e.    A smoke detector shall be installed in each unit, as required by the Fire Department.

f.    Electric and gas meters shall be provided to serve each individual unit in accordance with current rules of the servicing utility on file with the California Public Utilities Commission.

g.    Water shutoff valves shall be provided for each unit.

h.    Mechanical equipment intended to serve the entire building and appurtenant structures shall be shock-mounted to prevent noise and vibration.

i.    A structural report shall be provided by the subdivider for existing buildings, and all improvements recommended in that report shall be accomplished.

j.    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.

k.    Energy conservation measures shall be included. Roof and ceiling assemblies shall meet the R-20 standard. Exterior openings shall be weatherstripped. If the glazing areas exceed the allowance areas of the State energy regulations by ten percent, modifications shall be made to bring the structure within the limits specified herein. The energy compliance alterations may be made in any manner provided in the State regulations. Calculations by a person authorized in the State regulations will be required. Exposed heating ducts and hot water piping and hot water tanks shall be insulated.

F.    Requirements and Conditions for Final and Parcel Maps. Final and parcel maps for community housing subdivision shall comply with the requirements and conditions for other final and parcel maps specified in this title and the Subdivision Map Act. (Ord. 1439 § 4 (Exh. F (part)), 2011: Ord. 1180 §§ 6, 7, 1995; amended during 1989 recodification; Ord. 871 § 1 Ex. A (part), 1980)