(a) 
The purpose of this chapter is to regulate the development of residential condominiums, stock cooperatives, community apartments, and planned unit developments, both new construction and conversion from existing apartments, so that the residential development is consistent with the goals, objectives, and policies of the General Plan, including provisions for a healthy environment through high-quality appearance, safety, and appropriate densities for condominium, stock cooperative, community apartments, and planned unit developments.
(b) 
The City Council has determined that residential condominiums, stock cooperatives, community apartments, and planned unit developments are significantly different from rental apartment units, and for the benefit of public health, safety, and welfare makes the findings that residential condominiums, stock cooperatives, community apartments, and planned unit developments are to provide amenities equal to or better than single family detached developments, including, but not limited to, adequate on-site circulation and parking, private laundry facilities, enclosed storage areas, recreation facilities, open space, controlled densities, and maintenance agreements for common areas.
(c) 
Therefore, in order to assure conformance with the General Plan provisions and expectations for amenities as stated in the findings set out in this section for residential condominiums, stock cooperatives, community apartments, and planned unit developments, both new construction and conversion, and to provide adequate public review of projects, conditional use or planned development permit approval and tentative and final or parcel maps are required as provided for in this title.
(Ord. 94-29, eff. 12/15/94)
For the purposes of this chapter, the following definitions shall apply:
"Applicant"
shall mean the person or persons applying for new construction or conversion who possess an ownership interest, either as principal or agent, in land or a building.
"Association"
shall mean the organization of persons who own a project.
"Common"
shall mean property with undivided ownership.
"Common Interest Development"
shall mean any of the following: a community apartment project, a condominium project, a planned unit development, or a stock cooperative.
"Community Apartment"
shall mean a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon (Section 1351(d) of State Civil Code).
"Condominium"
shall mean an estate in real property consisting of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to:
(1) 
Boundaries described in the recorded final map, parcel map, or condominium plan;
(2) 
Physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of any structure or any portion thereof;
(3) 
An entire structure containing one or more units; or
(4) 
Any combination thereof.
The portion or portions of real property held in undivided interest may be all of the real property, except for the separate interests, or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property (Section 1351(f) of the State Civil Code).
"Conversion"
shall mean a change in the type of ownership of a parcel of land, together with the existing structures, from residential rental realty to community apartment, stock cooperative, or condominium.
"Planned Unit Development"
shall mean a development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features (Section 1351(k) of State Civil Code):
(1) 
The common area is owned either by the association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.
(2) 
A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separate interests in accordance with Section 1367 of the State Civil Code.
"Project"
shall mean a common interest development.
"Public Report"
shall mean the final subdivision public report for a project of five or more dwelling units issued by the California Department of Real Estate pursuant to Section 11013.2 of the Business and Professions Code.
"Separate Interest"
shall mean the following:
(1) 
In a community apartment project, "separate interest" shall mean the exclusive right to occupy an apartment as specified in Section 11-12.02(e).
(2) 
In a condominium project, "separate interest" shall mean an individual unit as specified in Section 11-12.02(f).
(3) 
In a planned development, "separate interest" shall mean a separately owned lot, parcel, area, or space.
(4) 
In a stock cooperative, "separate interest" shall mean the exclusive right to occupy a portion of the real property as specified in Section 11-12.02(l).
"Stock Cooperative or Stock Cooperative Apartment"
shall mean a corporation 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, and 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. A stock cooperative includes a limited equity housing cooperative which is a stock cooperative that meets the criteria of Section 33007.5 of the State Health and Safety Code (Section 1351(m) of the State Civil Code).
"Unit"
shall mean the element in a project which is exclusively owned or occupied individually and not in common with the owners of other elements of the project.
"Zoning Administrator"
shall mean the Director of Community Development or designee.
(Ord. 94-29, eff. 12/15/94)
(a) 
Subdivision Required. All common interest developments shall be required to process and record a tentative and parcel map or a tentative and final map in accordance with this title.
(b) 
Conditional Use or Planned Development Permit. In addition to the requirements of this title and the Subdivision Map Act, a conditional use or planned development permit application shall be required and shall include the information required in Title 12 of the Municipal Code and such information as determined by the Zoning Administrator to be necessary for processing of the project.
(c) 
Noticing Costs.
(1) 
Funds necessary to cover the costs incurred by the City for all noticing requirements shall be deposited with the City prior to acceptance of the tentative map application.
(2) 
Noticing requirements for all conversion projects, including those of four or fewer units, shall be in accordance with Government Code Section 66427.1
(d) 
Municipal Code Compliance. The applicant shall comply with all Municipal Code requirements, particularly the zoning requirements contained in Title 12.
(Ord. 94-29, eff. 12/15/94)
The title sheet of the final or parcel map shall state the following:
(a) 
Any future construction of living space or reconstruction of the building shall require review and approval of a conditional use permit or a planned development permit pursuant to Title 12 (Zoning) of the Municipal Code.
(b) 
The density of units located on the subject lot shall conform to City General Plan requirements.
(Ord. 94-29, eff. 12/15/94)
Applicants for all conversion projects shall submit the following information in conjunction with the tentative map application:
(a) 
Tenant Information. The name and address of each current tenant, together with address labels for noticing requirements pursuant to this title.
(b) 
Building History Report. A report which contains the dates of construction of all elements of the proposed conversion project; a statement of the major uses of the project since construction; the date and description of each major repair and renovation of any element since the date of construction. Major repair means any repair for which an expenditure of more than $1,000 was made.
(c) 
Noise Insulation Report. A report prepared by a certified acoustical engineer describing conformance with the noise insulation standards of the Uniform Building Code and Title 12 (Zoning) of the Municipal Code.
(d) 
Real Property and Structural Report. A structural and real property report describing the condition, including deficiencies, and remaining useful life of each element of the proposed conversion project. The report shall include, but not be limited to, the following elements: mechanical systems, plumbing system, electrical systems, roofs, foundations, structural elements of existing structures, paved surfaces, and exterior surfaces. Projected maintenance costs shall be estimated and detailed in the report. The report shall be prepared by a registered civil or structural engineer, a licensed general building contractor, an architect, or any combination thereof.
(e) 
Structural Pest Report. A structural pest report relating the presence or absence of wood-destroying pests and organisms. The report shall be prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code.
(f) 
Soils/Geological Report. A copy of the soils/geological report originally prepared for the property. If such report has never been prepared or is considered insufficient by the Chief Building Official, the applicant shall submit a new report prepared by a registered civil engineer, soils engineer, or geologist.
(g) 
Hydrology Report. A preliminary hydrology report that includes the elevation of the first floor level relative to the established 100 year flood elevation.
(Ord. 94-29, eff. 12/15/94)
(a) 
The subdivision design shall provide, to the maximum extent feasible, for future passive or natural heating opportunities within the subdivision. However, this requirement for passive or natural heating does not apply to projects which consist of the subdivision of airspace in an existing building when no new structures are added. (Reference: Government Code Section 66473.1).
(b) 
Tentative map approval is contingent upon the conformance to the General Plan, any applicable specific plan, applicable provisions of this title, and the Subdivision Map Act.
(c) 
The approving body shall not approve a final or parcel map for the conversion of residential real property into condominiums, community apartments, or stock cooperatives unless it can make all of the findings specified in Section 66427.1 of the Government Code. The findings shall be made by resolution.
(Ord. 94-29, eff. 12/15/94)