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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