HomeMy Public PortalAboutOrdinance 79-486ORDINANCE NO. 79 -486
AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW
CHAPTERS 3 AND 4 TO ARTICLE IX OF THE TEMPLE CITY
MUNICIPAL CODE RELATING TO CONDOMINIUM CONSTRUCTION
AND CONDOMINIUM CONVERSIONS
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN:
SECTION 1. New Chapters 3 and 4, reading as follows, shall
be added to Article IX of the Temple City Municipal Code:
CHAPTER 3
CONDOMINIUM CONVERSIONS
SECTION 9530. INTENT AND PURPOSE.
These condominium regulations are intended to provide criteria
and guidelines for condominium conversion as defined herein. The
standards include density, parking, open space, light and air,
pedestrian and vehicular traffic circulation and are intended to
create condominium projects that are well designed, aesthetically
pleasing, compatible with the surrounding community, of a pleasing
and desirable character, to harmonize with adjacent residential use,
and so as to maintain a reasonable balance in the supply of rental
and ownership dwelling units.
Although this is an amendment to the Subdivision Ordinance, it
shall be deemed, where applicable, an amendment to the Temple City
Zoning Code and Building Codes, The City has found that these
regulations are consistent with, and necessary to carry out, the
goals and objectives of the General Plano
SECTION 9531, DEFINITIONS.
Condominium conversion is a process or effect of transferring
owners ip o a .ui •ing rom residential units to a condominium in
accordance with appropriate law. Condominium conversion, as used in
this Chapter, shall mean the conversion of existing units to condo-
miniums, community apartment projects, or stock cooperatives (condo-
miniums and community apartment projects are required to comply with
the Subdivision Map Act while stock cooperatives are not, unless made
so by the California Department of Real Estate).
Condominium - joint ownership of the land by the purchasers
with ownership of a defined area of air space where the dwelling unit
is located as more fully defined in the California Civil Code.
Conauunit A. artment Pro'.ect - joint ownership of the land by the
various owners wit an exc usive right to occupy a given dwelling unit.
Stock Cooperative - ownership of the land and buildings by a
corporation; tenants own shares of stock and thus are entitled to an
exclusive right to occupy a dwelling unit, or they lease a dwelling
unit.
SECTION 9532. CONVERSION PROCEDURES
IConversion of existing residential units to condominiums, stock
cooperatives, or community apartment projects shall be subject to
the following:
1. The approval of a Conditional Use Permit, pursuant to
Section 9202 et„ seq, of the Zoning Code, shall first be required.
ORDINANCE NO. 79 -486 - Page 2
2. Residential condominium conversions shall be permitted
only in Zones R- 2.;..R- 3;,and R -4,
3. An application '' fo:r a tentative and final tract -,map . shall
be submitted for approval in accordance with established require
ments. A site plan, floor and elevation plans also shall be sub-
mitted for review and approval, •
4, Covenants, conditions. and rests .ctions.(CC&R's):, incor-
porating the conditional use permit as non - amendable;. shall, be
submitted to the Planning'Department for City Attorney review and
approval by the Planning Commission and/or City Council prior to
submittal of the final tract,
5. The developer shall submit a property report describing
the age and condition of each of the following elements of each
structure situated within the project proposed for conversion:
foundations, exterior. walls:, fire walls, roof, stairways and exits,
interior : isulati.on `(sound ,and' thermal) , exterior insulation (sound
and thermal) , light and ventilation, ,plumbing, electrical,.; heating
and air conditioning, fire.and earthquake safety provisions, security
provisions,, interior. common or public areas,, landscaping,, and. trash
control Such report s'hall'.be prep,ar:ed by a licensed civil engineer.
or an architect re.gisteied En-California, and shall provide methods
and costs `` f'or° the' correction or improvement of any deficiencies noted,
6. The developer shall submit a structural pest report. Such
report shall be prepared by a licensed structural pest,control oper-
ator pursuant to Section,8516 of the Business and Professions Code,
relating"to written reports on the absence or presence of wood- des-
troying pests or organisms, and shall provide methods and costs for
corrective Work for both accessible and non - accessible areas.
7. Approval of a Certificate of Occupancy shall be required
for any such conversion. Upon receipt of an application for a
Certificate of Occupancy, the Building Official shall cause an
b
inspection to e made of all buildings and structures in the pro-
posed condominium, community apartment project or stock. cooperative.
The Building Official shall prepare an Inspection Report, identifying
all items;. not in conformance with the current City 'Building,
Electrical, Wiring Mechanical and Plumbing Codes, and anyaddi-
tional ; equipment; and, _tac,i.li,ties, t e,. det,ermin;es . to , -be deteriorated or
hazardous, The developer shall 'repair,,., replace or add any equipment
or facilities determined to be in violation of current City codes
to the extent such violations are deteriorated, hazardous, or sus -
ceptible to feasible and economic correction. It is the intent hereof
that all conversions shall be brought up to substantial compliance
with Building Codes for new construction at the time of conversion.
8, The developer shall provide a schedule of proposed improve-
ments which shall be made to the project prior to their sale.
9. All tenants then occupying the proposed conversion. site
shall be .notified of the public h.earing..before the Planning Commission
and City Council. A list of tenants shall be supplied by the appli-
cants. If permit for conversion is approved, the developer shall
provide each tenant a pre - emptive right in writing (copy to City) to
purchase a unit of exclusive occupancy on the same terms as offered
for sale to anyone else. Such right shall be irrevocable for a
period of 90 days after the commencement of sales or the issuance of
the final public report by the Real Estate Commissioner. It is
recognized that tenants who purchase may be temporarily displaced
during construction.
10. In addition to the above requirements, no application for
a condominium conversion project shall be accepted for any purpose
unless the application includes the following;
1
1
I2, Each dwelling unit shall have a minimum floor area as
follows:
ORDINANCE NO, 79 -486 - Page 3
(a) A development plan of the project including:
(1) The location, height, gross floor area, and proposed
uses for each existing structure to remain and for each
proposed new structure;
(2) The location and type of surfacing for all drive-
ways, pedestrian ways, vehicle parking areas, and curb
cuts, and open storage area;
(3) The location, height, and type of materials for
walls, fences and trash enclosures;
(4) The location of all landscaped areas, the type of
landscaping;
(5) The location and size of the parking facilities
to be used in conjunction with each condominium unit;
(6) The location, type and size of all drainage pipes
and structures depicted or described to the nearest public
drain or watercourse;
(7) The location and type of the nearest fire hydrants;
(8) The location, type and size of all on -site and
adjacent street overhead utility lines;
(9) A lighting plan of the project;
(10) Existing and proposed exterior elevations;
(11) The location of and provisions for any unique
natural and or vegetative site features.
(b) Co to Bu ers. The original owner shall provide each
purchaser wit a copy of all reports (in their final, acceptable
form) along with the Department of Real Estate white report, prior
to said purchaser, completing an escrow agreement or other contract
to purchase a unit in the project, and said developer shall give
the purchaser sufficient time to review said reports, Copies of
the reports shall be made available at all times at the sales
office and shall be posted as approved by the City,
SECTION 9533. DESIGN CRITERIA,
All such conversions shall be subject to the following, unless
excused as a part of the Conditional Use Permit, and the burden shall
be on applicant to show the need for such excuse by applying the same
standards as for a Variance under Section 9201:
Residential condominium conversions shall be permitted
only in Zones R -2, R -3 and R -4.
1. The minimum lot area for each condominium units, regardless
of the number of bedrooms, shall be 3600 sq. ft. for R -2, 1800 sqo ft.
for R -3, and 1200 sqo ft. for R -4 zones.
One- bedroom unit
Two- bedroom unit
Three - bedroom unit
For each additional bedroom
750 sq. ft.
900 sq. ft.
1,100 sq. ft.
150 sq. ft.
ORDINANCE NO. 79 -486 - Page 4
3. Open space shall be required as follows:
R -2 500 sq. ft. for each dwelling unit.
R -3, R -4 300 sq. ft, for each one or two bedroom units.
400 sq. ft., for each three bedroom or more units.
4, Compliance with the requirements of the Fire Department
regarding matters such as fire flow, hydrant location and driveway
width.
5. Each condominium unit shall be provided with:
(a) Two (2) enclosed parking spaces plus one enclosed or
open parking space for each two units. Units with
three or more .bedrooms shall require an additional
one -half (1/2) parking space;
(b) Tandem parking is prohibited;
(c) No use shall be made of any parking area or access
thereto, other than for the parking of vehicles;
such spaces shall be used for no other purpose at
any time. The CC &R's shall contain such restriction.
6. A single area having a minimum of 200 cubic feet of private
and secure storage space shall be provided for each unit exclusive
of closets and cupboards, within the dwelling unit. Said storage
may be located within the garage, provided it does not interfere
with automobile parking.
i, Adequate trash and garbage collection and pick -up areas
shall be provided for use within 150 ft, of each unit in a location
or locations accessible to a public street or alley, and enclosed on
three (3) sides by a five (5) foot high masonry, brick or concrete
wall which shall be enclosed with solid decorative gates of the same
height,. Such areas may be for individual dwelling units independent
of others, or for groups of dwelling units or for all such dwelling
units, Areas for group use shall be set back or otherwise protected
from adjacent properties and streets.
8. Plumbing (gas and water) shut -off valves. Separate fullway
shut -off valves shall be provided to each dwelling unit.
9, Utility Meters. Each utility that is controlled by and
consumed within the dwelling unit shall be separately metered in
such a way that the unit owner can be separately billed for its use.
Each unit shall have access to its own meter(s) and heater(s) which
shall not require entry through another unit, Each unit shall have
its own panel, or access thereto, for all electrical circuits which
serve the unit.
10. Common wall and floor- ceiling assemblies shall be required
to conform to the sound insulation performance criteria as required
for new buildings.
11. All permanent mechanical equipment, which is determined to
be a source of potential vibration or noise, shall be shock mounted
as determined by the building officials.
12. Attic spreations shall be installed separating each
individual unit with the same sound insulation and security as
required for party walls.
13, A separate connection to the public sewer shall be provided
for each unit to the extent feasible,
14. Such other requirements as are determined as a result of
public hearings to be necessary to accomplish the intent and purpose
hereof,
ORDINANCE NO. 79 -486 - Page 5
CHAPTER 4
CONDOMINIUM CONSTRUCTION
SECTION 9560. INTENT AND PURPOSE,
These condominium regulations are intended to provide criteria
and guidelines for condominium construction as defined herein. The
standards include density, parking, open space, light and air,
Ipedestrian and vehicular traffic circulation, and are intended to
create condominium projects that are well designed, aesthetically
pleasing, compatible with the surrounding community, of a pleasing
and desirable character, and so as to harmonize with adjacent
residential use.
Although this is an amendment to the Subdivision Ordinance, it
shall be deemed, where applicable, an amendment to the Temple City
Zoning Code and Building Codes. The City Council has found that
these regulations are consistent with, and necessary to carry out,
the goals and objectives of the General Plan.
SECTION 9561. DEFINITIONS.
Condominium construction, as used in this Chapter, shall mean
the construction of a condominium, community apartment project or
stock cooperative as defined below. (Condominiums and community
apartment projects are required to comply with the Subdivision Map
Act while stock cooperatives are not, unless made so by the California
Department of Real Estate).
Condominium - joint ownership of the land by the purchasers with
ownership of- a defined area of air space where the dwelling unit is
located as more fully defined in the California Civil Code.
Communit Apartment Pro °ect - joint ownership of the land by
the various owners wit an exc usive right to occupy a given dwelling
unit,
Stock Cooperative - ownership of the land and buildings by a
corporation; tenants own shares of stock and they are entitled to an
exclusive right to occupy a dwelling unit, or they lease a dwelling
unit.
SECTION 9562° CONSTRUCTION PROCEDURES°
Construction of condominium, stock cooperatives or community
apartment projects shall be subject to the following:
1. The approval of a Conditional Use Permit, pursuant to
Section 9202 et sego of the Zoning Code, shall first be required.
2 Condominium construction shall be permitted -only n R_ -.
R -3 and -4 zones: •
An application for a tentative and final tract man shall
be submitted concurrently for approval in accordance with established
requirements° A site plan, floor and elevation plans also shall -be
submitted for review and approval.
I4° Covenants, Conditions and Restrictions (CC &Res), incorporating
the conditional use permit as non- amendable, shall be submitted to
the Planning Department for City Attorney review and approval by the
Planning Commission and /or City Council prior to submittal of the
final tract.
ORDINANCE NO. 79 -486 - Page 6
SECTION 9563. DESIGN CRITERIA.
1a Open space, as defined in Section 9122(2) of the Temple
City Zoning Code, shall be required as follows:
R -2
R -3, R -4
500 sq, ft, for each dwelling unit.
300 sq.'ft. for each one or two bedroom units
400 sq. ft, for each three bedroom or more
units°
2, Compliance with the requirements of the Fire Department
regarding matters such as fire flow, hydrant location and driveway
width.
3. The following lot size shall be required:
R -2 zone
R -3, R -4
4, The following
be required:
For four
at least
For five
at least
Wherever
than one
Minimum of 14,400 sq. ft.
Minimum of 16,000 sqo ft.
minimum lot widths (street frontage) shall
or less units in a one -story
50 feet;
or more units in a one -story
80 feet;
any portion of the structure
story: at least 100 feet,
structure:
structure:
is more
5. The following side setbacks shall be required:
10 ft, for one -story buildings;
15 ft. for any second -story portion of any buildings.
6. The following parking requirements shall be made:
(a) For each one and two bedroom unit - 2 -1/2 spaces
of which two may be enclosed and 1/2 open;
(b) For each three bedroom or more unit - 3 spaces
per unit, with two enclosed and one open;
(c) Tandem parking shall be prohibited;
(d) Underground parking may be required to have
special safety provisions as required by the Fire
Department and Building and Safety Department;
(e) No use shall be made of any parking area or access
thereto, other than for the parking of vehicles;
such spaces shall be used for no other purpose at
any time. The CC &R's shall contain such restriction,
7,
unit.
Separate laundry facilities shall be provided for each
8. All utilities shall be placed underground.
9. The following minimum gross floor area shall be required:
One- bedroom units
Two- bedroom units
Three- bedroom units
For each additional bedroom
800 sq. ft.
1,000 sqo ft,
1,200 sq. ft.
150 sq. ft.
ORDINANCE NO, 79 -486 - Page 7
10. There shall be provided for each unit at least 200 cubic
feet of storage facilities in one location, in addition to storage
requirement in the Building Code
11. Adequate trash and garbage collection and pick -up areas
shall be provided for use within 150 ft, of each unit in a location
or locations accessible to a public street or alley, and enclosed on
three (3) sides by a five (5) foot high masonry, brick or concrete
IIwall which shall be enclosed with solid decorative gates of the same
height. Such areas may be for individual dwelling units independent
of others, or for groups of dwelling units or for all such dwelling
units. Areas for group use shall be set back or otherwise protected
from adjacent properties and streets.
12. Plumbing (gas and water) shut -off valves. Separate fullway
shut -off valves shall be provided to each dwelling unit,
13, Utility Meters. Each utility that is controlled by and
consumed within the dwelling unit shall be separately metered in
such a way that the unit owner can be separately billed for its use.
14, Common wall and floor- ceiling assemblies shall be required
to conform to the sound insulation performance criteria.
lye All permanent mechanical equipment, which is determined to
be a source of potential vibration or noise, shall be shock mounted
as determined by the building officials,
16. Attic separations shall be installed separating each
individual unit with the same sound insulation and security as re-
quired for party walls.
17. Landscaping and lighting plans must be submitted to the
I Planning Director for review and approval with the tentative map.
18, A sewer system with connection to the public sewer shall
be provided for each unit as approved by the City Engineer.
19. Such other requirements as are determined as a result of
public hearings to be necessary to accomplish the intent and purpose
hereof.
SECTION 20 The City Council declares that it has adopted the
foregoing Chapters 3 and 4 as separate and individual enactments,
and each and every separate provision of said Chapters as individual
enactments. The invalidity of any Section or Sections shall in no
manner affect the validity of any other section,
SECTION 3, The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be published as required by law.
PASSED, APPROVED and ADOPTED this 16th day, of October, 1979.
IIIATTEST:
II1Chle Deputy City C.erk
MAYOR
ORDINANCE NO. 79 -486 - Page 8
I hereby certify that the foregoing Ordinance was introduced at
a regular meeting of the City Council held on the 2nd day of October,
1979 and was duly passed, approved and adopted by said Council,
approved and signed by the' Mayor and attested by the City Clerk, at
a regular meeting of the said City Council held on the 16th day of
October, 1979, by the following vote:
AYES: Councilmen - Atkins, Gillanders, Merritt, Tyrell
NOES: Councilmen- Dennis
ABSENT Councilmen -None
C ie Deputy City Clerk