Chapter 17.52
CONVERSION OF NONRESIDENTIAL BUILDINGS TO CONDOMINIUM OR SIMILAR TYPES OF OWNERSHIP

Sections:

17.52.010    Definitions.

17.52.020    Map and plan requirements.

17.52.030    Planning Commission and City Council approval criteria.

17.52.010 Definitions.

A.    “Conversion” means a proposed change in the ownership of a parcel or parcels of land or air space, together with existing or added structures, some or all of which were previously occupied, from that established to the type of ownership defined in subsection B of this section.

B.    “Conversion of nonresidential buildings to condominium or similar types of ownership” means the division of land or air space for one or a combination of the following:

1.    A project in which an undivided interest in land is coupled with the right of exclusive occupancy of any office, unit, suite or portion of a building located on the land;

2.    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;

3.    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 or members 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 or the membership in the corporation held by the person having such right of occupancy. (Ord. 890 § 1 Ex. A (part), 1980)

17.52.020 Map and plan requirements.

The following shall be required to be submitted with or as a part of the required tentative map in addition to the requirements for a tentative map as specified in Chapter 17.24 for all proposed conversions of nonresidential buildings to condominium or other similar types of ownership:

A.    Approximate plan and location of all offices, units, suites or portions of buildings to be individually occupied; common areas; storage spaces outside of each unit; common areas reserved for exclusive use of owners; parking spaces; and facilities and amenities provided within the common area;

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

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

D.    A plan demonstrating compliance with the lot and density development standards of the site’s underlying zoning district and the regulations pertaining to transportation demand management (TDM), landscaping, parking and loading, fences and walls, lighting and illumination, trash and recycling collection areas, all in accordance with Title 18, Zoning;

E.    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;

F.    A statement of repairs and improvements which will be accomplished prior to sale of the units. (Ord. 1439 § 4 (Exh. F (part)), 2011: Ord. 890 § 1 Ex. A (part), 1980)

17.52.030 Planning Commission and City Council approval criteria.

No proposed conversion of a nonresidential building or portion thereof to condominium or other similar types of ownership shall be approved or conditionally approved in whole or in part unless the Planning Commission or City Council finds 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 chapter.

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

B.    The minimum lot and density development standards of the site’s underlying zoning district have been met in accordance with Title 18, Zoning.

C.    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.

D.    Covenants, Conditions and Restrictions. Each conversion of a nonresidential building to condominium or similar types of ownership shall 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.

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 subject site and improvements 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. A condominium plan, as provided for in Title 6, Chapter 1 of the California Civil Code, may not 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.    Design and Improvements. The following design and improvement items shall be accomplished prior to recordation of the final map or parcel map:

a.    An inspection of the premises shall be performed to ascertain that the 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.    A conversion of a nonresidential building or structure to condominium or other similar types of ownership project shall meet the standards of the City’s codes in effect on the date that the application for conversion is accepted for filing by the City, including but not limited to building (notwithstanding Section 104(a), (b), (c), (d) and (e) of the 1976 Uniform Building Code or any similar provision of any future Uniform Building Code adopted by the City), and fire codes and zoning regulations.

c.    All public improvements shall be installed that are required by current City standards on the date the application for conversion is accepted for filing by the City.

d.    Smoke detectors and automatic fire-sprinkler systems shall be installed in each unit as required by the building and fire codes in effect on the date that the application for conversion is accepted for filing by the City to the satisfaction of the Fire Chief and the Chief Building Inspector.

e.    Electric and gas meters shall be provided to serve each individual unit in accordance with rules of the servicing utility on file with the California Public Utilities Commission and in effect on the date the application for conversion is accepted for filing by the City.

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

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

F.    Requirements and Conditions for Final and Parcel Maps. Final and parcel maps for subdivisions of property and improvements specified in this title 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: amended during 1989 recodification; Ord. 890 § 1 Ex. A (part), 1980)