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HomeMy WebLinkAboutOrdinances_1744_CCv0001.pdf I ORDINANCE NO. 1744 AN ORDINANCE OF THE CITY OF REDLA.NDS AMENDING ZONING ORDINANCE NO. 1000 BY ADOPTING AMENDMENT NO. 152 THERETO ESTABLISHING PROCEDURES PERTAINING TO CONDOMINIUM CONSTRUCTION AND CONDOMINIUM CONVERSIONS THE CITY COUNCIL OF THE CITY OF REDLANDS does ordain:: SECTION ONE: That Ordinance No. 1000 of the City of Redlands, Section 52.10: Development Previsions for Specific Uses, be amended by the inclusion of Sub'-section G: Condominium Construction and Condominium Conversions, to read, as follows SECTION 52.10: DEVELOPMENT PROVISIONS FOR SPECIFIC USES G. CONDOMINIUM CONSTRUCTION AND CONDOMINIUM CONVERSION The purpose of these provisions is to establish criteria, standards and procedures for . the construction of new condominium pro f ects, or conversion of existing residen- tial buildings to condominiums consistent with the following objectives: a. To make adequate provision for the housing needs of all economic segments of the community; b. To provide for inhabitant ownership of residen- tial units, while recognizing the need for maintaining adequate rental housing inventories ; C. To provide a reasonable balance of rental and ownership housing, d. To inform prospective conversion buyers regarding; the physical conditions of the structure coffered for sale. 1, COMMISSION AND COUNCIL APPROVAL REQUIRED Residential condominiums shall: comply with all appro- priate provisions of this Code and the conditions imposed by a conditional use permit. The Planning Commission and City Council shall review and approve the use prier to the consideration of a tentative map application Ordinance No. 1744 1 52.10 G win . CONDOMINIUM CONSTRUCTION AND CONDOMINIUM IUM CONVER aION (Continued) 2. DEFINITIONS a,. A condominium shall mean and include the following: 1 ; "Condominium" as defined by Section 783 of the Civil Code, 2 . "Community Apartment Project" as defined by Section 11004 of the Business and Professions Code, 3. "Stack cooperative" as defined by Section 11003 . 2 of the Business and Professions Code; and 4 ., "Planned Development'" as defined by Section 11003 of the Business and Professions Cade. b - A condominium project, as defined in Civil Code Section 1350, shall be subject to the requirements and procedures applicable to subdivisions and any additional requirements and procedures herein set; forth. Q. The to "proposed condominium" shall refer to condominiums in which the unit(s) are not as yet constructed d The terry. "condominium conversion" shall refer to condominiums in which the existing unit (s) are being used as single or multiple family residences, not divided into separate units. e. Condominium Documents shall mean the Declaration of Covenants, Conditions and Restrictions, the description of project elements, and the enabling declaration establishing a plan for condominium ownership. f Common Area 'shall mean the entire project excepting all units granted or reserved.. g Project Elements shall mean the condominium units which are to be conveyed, the areas and spaces which are to be assigned to such units and the common areas which are to be shared by the owners of all units . h. Condominium unit or units shall mean the space (s) within a condominium project to be owned as an individual estate... Ordinance No. 1744 2 52.10 C G. CONDOMINIUM CONSTRUCTION AND CONDOMINIUM CONVERSION (Continued) i.- All other terms in this article shall have the same definitions as set forth in the applicable state lags relative to the subdivision of land_. The provisions of the Redlands Subdivision Ordinance and the California Subdivision Map Act shall govern all applications hereunder. 3 . APPLICATION REQUIREMENTS ENTSAND PROCEDURES a. The initial action in connection with the making of any condominium subdivision shall be the pre- paration of a map, which shall include or b accompanied by the following data, as well as otherwise complying with the Property Development Standards of the zone in which the project is to be located:. (1) The; location, assignment, and square footage of each unit including the number of rooms in each unit ( The location and assignment of all storage space outside of each unit. ( The location and assignment of all parking spaces. ( ) The location and assignment of all private opera space areas,. (5) The location of all common areas. ( ) The location of all facilities and amenities provided within the common area for the enjoyment and use of the unit owners. 7) A ward description of all common areas, facilities , and amenities which are provided for the enjoyment and use of the unit owners ( ) A tree, ,landscaping, and irrigation plan. (9) A complete copy of Conditions, Covenants and Restrictions shall be provided. The City may be made a third party beneficiary to Condi- tions, Covenants and Restrictions as deemed appropriate. Ordinance nance iso. 1744 3 52 .10 G. CONDOMINIUM CONSTRUCTION AND CONDOMINIUM CONVERSION (Continued) The following paragraph shall be included in: the Conditions, Covenants and Restrictions The condominium units have been: constructed in accordance with the Uniform Building code as portions of an apartment house. The fire resistance of walls., ceilings, and floors between units is not equal to the fire resis- tant separations required by the Uniform :wilding Code for single family dwelling units constructed on adjacent properties (10) The minimum standards for condominium construc- tion onstr .c.tion or conversion shall be as follows (a) Two ( ) covered parking spaces in a fully enclosed garage plus eine--half ( } open guest parking space for each dwelling unit shall be provided.; (b) wall and floor-ceiling assemblies shall conform to the sound insulation perfor- mance criteria promulgated in Title 25, California Administrative Code, section 1092, or its successors (c) The consumption of gas and electricity within; each dwelling unit shall be separately metered so that the unit owner can be separately Tilled for each utility. A water shut-off valve shall be provided for each unit;. (d) All permanent mechanical equipment, including domestic appliances, which is determines by the building official 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 building official to lessen the transmission of vibration and noise. The anchorages of the permanent mechani- cal equipment are to be designed to resist the lateral seismic forces as< required by the current edition of she Uniform Building Code. Failure of the City to identify potential sources of Ordinance No. 1744, 4 52. 18 C G. CONDOMINIUM CONSTRUCTION ANIS CONDOMINIUM CONVERSION (Continued)' vibration on the approval of a Specific Vibration System does not prevent the City from subsequently requiring addi- tional modification to the mechanical equipment to prevent vibration or noise from being detected in ether condominium dwelling units, (e) The proposed condominium project shall comply with all requirements of building, fire, and housing codes, zoning provi- sions and other applicable regulations in effect at the time of the application. (f) A private outdoor living space containing a minimum area and dimension as specified for the particular zone <shall be provided for each unit. b. In a conversion, the application shall furthermore provide (l) A building report detailing the condition and estimating the remaining useful life of each element of the project proposed for conversion: including but not limited to Curbs, paving, walkways, roofs, foundations, exterior paint, systems, including sewage systems, swimming pools, elevators,, irrigation systems for land- scaping, utility and airy-conditioningsystems, fire protection systems including automatic sprinkler systems, alarm systems, or standpipe systems and structural elements;. Such report shall be prepared: by an appropriately licensed contractor, architect, registered civil o structural engineer other than the owner. For any element whose useful life is less than five ( ) years, a replacement cast estimate, shall be provided.. The report shall, state, to the best Knowledge or estimate of the applicant, when such element was built, the condition of each element, when said element was replaced; the approximate date upon which said element will require replace- ment; the cost of .replacing said element; and; any variation of the physical condition of saki element from. the< dousing Code and City Building Code in effect on the date that the last building permit was issued for the Ordinance No. 1744 5 52.10 C } "A r= G. CONDOMINIUM CONSTRUCTION AND CONDOMINIUM 'CONVERSION N ( oontinued) subject structure. The report shall identify any defective or unsafe elements and set forth the proposed corrective measure to b employed. The building official. shall review the report and shall indicate improve- ments, repairs, and/or replacements to be provided. 2 A structural pest report prepared by a licensed structural pest control operator. The developer shall repair or replace any damaged or infested areas in :need of repair or replacement as shown in the structural pest report. report on any known soil and geological conditions regarding soil deposits, rock formations , faults, groundwater, and land- slides andslides in the vicinity of the project and a statement regarding any known evidence of soils problems relating to the structure.. Reference shall be made to any previous soils reports for the site and a copy sub- mitted with said report.- (4) The developer shall submit a current list o all tenants ;and a proposed program to accommodate tenants of units sought to be converted with specific reference to: relocation assistance; availability of substitute accommodations; notice of ter- mination of tenancy giving tenants 180 dales notice to vacate units; increase in rent during the period between the date of appli- cation and the date of approval or disapproval of the final map to be limited to the increase in the Bureau of Labor Statistics retail price index for all items from the: date of application to the date of increase; and a statement that; tenants., as of date of the application filed, have a pre-emptive right to purchase a unit, with such right being irrevocable for 90 days after recorda- tion of final map, together with a certifica- tion that all tenants in any building or structure have been notified individually and in writing in accordance with all, state laws and any amendments thereto prior to the time of filing an application hereunder . ordinance No . 1744 6 52.14' G. CONDOMINIUM CONSTRUCTION AND CONDOMINIUM CONVERSION (Continued) ( ) The developer shall provide moving expenses of two ('2) times the monthly rent to any tenant who relocates from the building to be converted atter approval, of the condominium conversion by the City, except where the tenant has given notice of his intent to stove prior to receipt of notification from the developer of his intent to convert. (6) The developer shall allow an extension o time to permit a tenant to complete a school semester or quarter,, as the ease may be. (7) The developer shall be required to retain ownership to units occupied at the time of filing of the tentative subdivision map or tentative parcel map by senior citizens (62 years of age of older) or the handi- capped (as defined by Section 50072 of the Health and Safety Code) or the disabled (,as defined by Section 22`3 of the U. S . Social Security Act) until alternative comparable housing can be obtained. 4. PLANNING COMMISSION AND COUNCIL ACTIO a. An application for a condominium project shall. notbe approved or conditionally approved unless the Planning Commission and City Council determine that the conversion is consistent with the public health, safety and welfare, and with the City' s comprehensive General Plan and the Housing Element thereof. In making such determination, the Planning Commission and the City Council may consider such factors relevant to public health, safety or welfare as appear in each particular case. b.; The Council of the City finds anddeclares that when the number of vacant apartments being offered for rent. or Lease in the City is equal to or less than five percent ( %) of the total number- of such dwelling units offered for rent or lease in the City, a housing shortage exists which is inconsistent with the purposes of this chapter and with the declared goals and; objectives of the City..: Vacancy date:.: shall be provided by the developer and confirmed by the City, Ordinance No .. 1744 7 52. 10 C AN G. CONDOMINIUM CONSTRUCTION AND CONDOMINIUM CONVERSIONS (Continued) . COVENANTS , CONDITIONS AND RESTRICTIONS Each condominium subdivision, and; minor subdivision shall be required to have a declaration of restric- tions which provides for those powers, duties, rights and obligations as set forth in the Civil Code, Section 1355, and such declaration shall meet the requirements of the City Attorney. 6 . CONDITIONS FOR FINAL MAP APPROVAL Each condominium project shall meet the following requirements prior to the granting of final approval of the tract map or parcel map a. All requirements imposed by the Conditional Use Permit shall have been complied with. b,. The building official has certified that all required improvements, repairs and/or replace- ments for a condominium =conversion have been completed G . The City Attorney has approved the Covenants , Conditions and Restrictions and organizational: documents. d. The developer shall provide proof of compliance with all conditions required for final map approval as contained in the California Govern- ment Cade and any amendments thereto . SECTION TWO: This ordinance shall be in force and take effect as provided by law. SECTION THREE; The City Clem shall certify to the adoption of this ordinance and cause it to be published once in the Redlands Daily Facts, a newspaper of general circulation printed and, published in this city.. Y 3,. ATTEST:' _ -� '` . ` /A A It' i of t:, Ci +a $' E do APPROVED FOR FORM: Unanimously adopted at a regular meeting of the City Council held on March 17 , 1381 . s/ Edward F. Taylor City Attorney Ordinance No. 1744 8 52.10 G f a't fid. { W 1, Peggy A. Moseley, City Clerk, City of Redlands, do hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereofheld on the 17th day of Larch, 1.981, by the following vo to: AYES Councilmembers Gorman, Martinez, Riordan, Roth; Mayor Del irjyn NOES: None ABSENT: Non i t Ordinance No. 1744 9