Chapter 8

Division 8. Special Requirements for Certain Uses

Residential Condominiums*

* Per CMC 9191.162, CMC 9128.11 through 9128.17 apply to residential stock cooperatives. (Ord. 85-720, § 16)

9128.11 Intent and Purpose.

Residential condominium projects may require that numbers of householders, with vested ownership in their respective dwelling units, live in close proximity to one another. Condominium projects also require that such owners be bound together in an Association which is responsible for the maintenance, management and possible reconstruction of improvements within the common area of the project. This mix of individual and common ownership is different from conventional and familiar patterns of housing in the City. The unique status of residential condominium projects tends to magnify the effects associated with higher urban densities to the point where they may lead to conditions of mismanagement, neglect and blight that impact upon the public health, safety, welfare and economic prosperity of the larger community. To ensure that such problems are avoided in both the short and long term, it is the express intent of the City to treat residential condominiums differently from apartments and other like structures. Pursuant to such intent and in order to provide guidance in the consideration of proposed condominium projects, the purposes of CMC 9128.11 through 9128.17 are as follows:

To ensure that the significance of the fragmented pattern of condominium ownership with respect to long-range planning, unforeseen change and maintenance of the City’s housing stock is not superficially discounted in favor of short-term and expedient financial considerations.

To establish reasonable procedures for the dissolution of the condominium and demolition of the structures at the end of their economic, functional or physical life and thus obviate conditions of residential obsolescence and blight and their pernicious effects upon both immediate occupants and the larger community.

To ensure that the potentially deleterious effects resulting from a lack of continuous and centralized management do not impact upon the public health, safety and welfare and, at the same time, ensure that there is democratic and effective management of the project that does not allow, over time, a majority of the unit owners to effectively contravene the initial commitments made to the project at the time of its inception and thus undercut the good faith of any minority of unit owners.

To ensure that the project developer provides adequate private outdoor living space, storage space and parking space to meet the expectations and changing needs of property owners over a long period of time.

To ensure that the project developer is attentive to the performance characteristics of the structure and mitigates such problems as vibration and noise transmission which may not be apparent to the buyer without living in the unit but which, if not adequately attenuated, may nevertheless render the living environment within the project undesirable and the transfer of unit ownership difficult.

To ensure that the project developer uses contemporary and environmentally sensitive concepts of site planning and architectural design in the creation of the project and to ensure that the project, once completed, maintains its integrity over time not only to preserve the long-term financial commitment of the unit owner, but also to optimize the utilitarian and aesthetic qualities that make the project a viable home for him in the future.

To ensure that, when appropriate, governmental entities have the right to enter into specified areas of the project to protect the public health, safety and welfare and preserve the public peace. (Ord. 84-700, § 3)

9128.12 Existing Residential Condominiums.

Existing residential condominiums which do not comply with the provisions of CMC 9128.11 through 9128.17 shall be nonconforming uses and shall be allowed to continue operation subject to the following provisions:

Except for strictly interior modifications to individual condominium units, no structural or architectural alterations, except incidental maintenance, shall be made to any existing residential condominium or its common areas within the City, unless and until a Conditional Use Permit is obtained therefor.

The Commission may grant a Conditional Use Permit if it finds that compliance with the provisions of CMC 9128.14 through 9128.17 would impose a cost or other hardship disproportionate to the proposed structural or architectural alteration; provided, that the applicant is making reasonable efforts to conform to those provisions and the purposes delineated in CMC 9128.11.

9128.13 Application for Conditional Use Permit.

The application for a Conditional Use Permit for a proposed residential condominium project shall include the following information, in the number of copies and degree of detail which the Director determines to be sufficient for the Commission to evaluate the project:

A complete legal description of the property and a boundary map showing the existing topography of the site and the location of all existing easements, structures and other improvements, and trees over six (6) inches in diameter.

Dimensioned schematic development plans consisting of at least a site plan, garage plan, typical floor plan, building elevations showing natural grades, transverse and longitudinal sections showing natural grades and a conceptual landscaping plan for the project as a whole. In instances where the project involves the conversion of an existing structure to condominium usage, complete as-built drawings shall be provided.

A tabular analysis showing how the project compares to the minimum standards for condominium projects in the zone in which it would be located.

Typical detailed sections of the types of wall and floor/ceiling construction that would be used in both common and interior partition walls within the condominium project, including either published data from a recognized testing laboratory or a statement from a licensed acoustical engineer or the City Building Official as to the STC (Sound Transmission Class) and IIC (Impact Insulation Class) of the proposed type of construction.

The proposed condominium documents including the Declaration of Covenants, Conditions and Restrictions, Description of Project Elements and tentative Condominium Plan that would apply to the conveyance of units, the assignment of parking and the management of common areas within the project.

Such other information which the Commission or Director determines is necessary to evaluate the proposed project.

9128.14 Development Policy.

The Commission shall review all proposals for residential condominium usage in order to determine their degree of compliance with both the Development Standards and Development Criteria delineated in CMC 9128.15 and 9128.16. A condominium proposal which does not comply with all of the precise development standards in these sections may be approved where the Commission finds that there are unusual circumstances regarding the development’s location, site or configuration; that the project is in substantial compliance with both the Development Standards and Development Criteria and that there are mitigating features incorporated in the project which tend to further the expressed intent and purpose of CMC 9128.11 through 9128.17.

Recognizing that the conversion of existing multiple residential structures to condominium usage presents unique problems with respect to the requirements of this Section, the Commission is empowered to vary any and all requirements contained herein in regard to a particular conversion proposal upon a finding that the creation of the proposed condominium will not have the potential to contravene the intent and purpose of CMC 9128.11 through 9128.17. Project characteristics of critical importance in determining whether a proposed conversion has that potential include the age of the structure and the degree to which the proposal varies from the required standards for the following:

Parking

Unit size

Sound transmission characteristics

Private open space

Storage space

The Commission also is empowered to impose conditions on its approval of the Conditional Use Permit which would require that specified modifications, designed to bring a structure more nearly into compliance with the condominium Development Standards contained herein, be made to the structure proposed for conversion.

9128.15 Development Standards.

The Commission shall require, except as noted above, that all residential condominium projects conform to all ordinances of the City and all of the following condominium Development Standards.

Private Open Space. Notwithstanding the minimum total amount of usable open space required for a project and the required minimum dwelling unit size, all of the units shall have an appurtenant private patio, deck, balcony, atrium or solarium with a minimum area of one hundred fifty (150) square feet, except that one (1) bedroom and zero bedroom units shall have a minimum of one hundred thirty (130) square feet. Such space shall have a configuration that would allow a horizontal rectangle or square of one hundred (100) square feet in an area and a minimum of seven (7) feet to be placed in said space. The space shall be designed for the sole enjoyment of the unit owner and guests, and shall have at least one (1) weatherproofed, duplex receptacle electrical convenience outlet. Additionally, such space shall be at the same level as, and immediately accessible from, either a kitchen, dining room, family room or living room within the unit. The Commission may evaluate each project on its own merit in regard to the type, configuration and characteristics of the development, including condominium unit mix pertaining to the number of bedrooms per unit and percentage thereof, and may allow variations from the above dimensional standards where it can be shown that the required private open space meets the intent and purpose of this Section. (Ord. 80-536, § 1; Ord. 84-705, § 7)

Length of and Separation Between Buildings. Each detached residential building within a condominium project shall have a linear horizontal distance no greater than six (6) units in length. The spacing between main residential buildings within condominium projects shall be at least ten (10) feet, except where a parking space is proposed therein, in which case there shall be at least fifteen (15) feet between main buildings. Where an individual unit fronts on an interior courtyard, the separation from an adjacent main residential building shall be a minimum of twenty (20) feet. When main residential buildings are proposed to be separated by less than twenty (20) feet, the buildings shall not have windows, balconies or patios directly opposing each other except for windows which open into stairwells or are located within vaulted ceiling areas where the height of the bottom of the window is no less than six (6) feet from the floor. When a project is designed with windows, balconies or patios that are part of an individual unit and the separation between buildings is less than fifteen (15) feet, the Commission shall evaluate the project to ensure that adequate light, air, ventilation and privacy of all the residential units is provided and may require additional spacing up to twenty (20) feet to ensure the provision of these elements, and allow for separation of building masses and higher quality of design. (Ord. 84-705, § 7; Ord. 85-720, § 9; Ord. 92-977, § 2)

Landscaping Requirements. One (1) specimen size tree (thirty (30) inch box tree) shall be provided for each unit. Specimen trees existing on a site prior to development shall be identified on the proposed site plan and shall not be removed without prior written approval from the Director of Community Development. Existing specimen trees may be used to satisfy the landscaping requirement. (Ord. 84-705, § 7)

Recreational Facilities. All projects one-half (1/2) acre or larger shall contain a children’s playground with an area based on the following formula: seventy (70) square feet for each two (2) bedroom unit and one hundred forty (140) square feet for each three (3) or more bedroom unit in the project. In no event shall the playground be less than thirteen hundred (1,300) square feet. All projects one (1) acre or larger shall contain a clubhouse or meeting room in addition to the aforementioned playground. Individual features of said playground and clubhouse or meeting room are subject to the approval of the Director of Community Development. (Ord. 84-705, § 7; Ord. 85-720, § 9)

Private Storage Space. Each unit within the project shall have at least two hundred (200) cubic feet of enclosed, weather-proofed and lockable storage space for the sole use of the unit owner.

Such space shall have a minimum horizontal interior dimension of three and one-half (3-1/2) feet. The space, if a reach-in type, shall have an opening of three and one-half (3-1/2) feet by six (6) feet, or, if a walk-in type, shall have a minimum clear access opening of two and one-half (2-1/2) feet by six and two-thirds (6-2/3) feet.

Such space may be provided within individual storage lockers, cabinets or closets in any location approved by the Commission, but shall not be split among two (2) or more locations. Moreover, since it is the intent of this standard to require space over and above that normally associated with the day-to-day functioning of the unit, the Commission shall exercise reasonable discretion in differentiating between such required private storage space and guest, linen or clothes closets or food pantries that are customarily within the unit. Thus, while providing such private storage space within the limits of the unit is not precluded, it shall be over and above that which would otherwise be provided within the unit.

If such space is located within a common area within the project, the Association shall be responsible for the care and maintenance of the exterior surface of the space in order to assure that the surface is maintained in a manner compatible with the architectural treatment of the project. Regardless of the location, the precise architectural treatment of such space shall be approved by the Planning Division to ensure that such areas are safe, convenient and unobtrusive to the functional and aesthetic qualities of the project.

Off-Street Parking. Each condominium project shall provide off-street parking in accordance with the provisions of CMC 9162.21.

Not more than thirty (30) percent of the total required spaces designated for guests may be designed and reserved for the parking of compact automobiles. Such spaces shall be so designated either by signing or marking. (Ord. 78-452; Ord. 85-720, § 9)

Treatment of Utilities.

Plumbing Shut-off Valves. Water supply lines to each unit within the project shall be fitted with shut-off valves of either a hand valve or screw-stop type. If there are extenuating circumstances which make the installation of such valves impractical, the Commission may approve a system which provides individual shut-off valves ahead of each fixture within the unit. A shut-off valve shall also be provided ahead of each water-supplied appliance not contained within a unit.

Drip Pans. Hot water heaters and any other appliances which the Building Official determines to be a potential source of water leakage or flooding shall be installed with built-in drip pans and a one and one-quarter (1-1/4) inch minimum diameter drain line leading to a safe point of disposal outside the building. The end of said drain shall be provided with a removable screen to prevent insect entrance to the unit. Drip pans may be omitted where appliances are located in garages that are constructed such that any water leakage cannot damage the common wall between units or find its way into an adjoining unit. (Ord. 80-536, § 1)

Utility Meters. With the exception of water supply and central heating and/or air conditioning, each utility that is controlled and consumed within the individual unit shall be separately metered in such a way that the unit owner can be separately billed for its use.

Circuit Breaker. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. Such panel shall be accessible without leaving the unit.

Isolation of Vibration and Sources of Structure-borne Noise in Condominium Projects Where Units Have Common Walls and/or Floor and Ceiling.

Shock Mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps and compactors which, because of their rotation, reciprocation, expansion and/or contraction, turbulence, oscillation, pulsation, impaction, or detonation, are determined by the Building Official to be a source of structural vibration or structure-borne noise shall be shock-mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official. Domestic appliances which are cabinet-installed or built into the individual units, such as clothes washers and dryers, or other appliances which are determined by the Building Official to be a source of structural vibration or structure-borne noise, shall be isolated from cabinets and the floor or ceiling by resilient gaskets and vibration mounts approved by the Building Official. The cabinets in which they are installed should be offset from the back wall with strip gasketing of felt, cork or similar material approved by the Building Official. Where such appliances utilize water, flexible connectors shall be installed on all water lines. If provision is made within the units for the installation of nonpermanent appliances such as clothes washers and dryers, then permanent rubber mounting bases and surface plates shall be installed in a manner approved by the Building Official.

Location of Plumbing Fixtures. No plumbing fixture, except pullman-mounted lavatories, shall be located on a common wall between two (2) separate units where it would back up to a living room, family room, dining room, den or bedroom of an adjoining unit. (Ord. 80-536, § 1)

Separation of Vents and Lines. No common water supply lines, vents, or drain lines shall be permitted for contiguous units unless there is at least eight and one-half (8-1/2) feet of pipe between the closest plumbing fixtures within the separate units. The Building Official may approve other methods of isolating sound transmission through plumbing lines where their effectiveness can be demonstrated.

Insulation and Insulation of Lines. All water supply lines within the project shall be isolated from wood or metal framing with pipe isolators specifically manufactured for that purpose and approved by the Building Official. In multi-story condominium projects, all vertical drainage pipe, except piping serving only one (1) condominium unit that is located in a wall that is not common to any other unit, shall be surrounded by three-quarters (3/4) inch thick dense insulation board or full thick fiberglass or wool blanket insulation for its entire length except the sections that pass through wood or metal framing. (Ord. 80-536, § 1)

Attenuation of Noise.

General. Wall and floor/ceiling assemblies separating units from each other or from public or quasi-public spaces such as interior corridors, laundry rooms, recreation rooms and garages shall provide airborne sound insulation for walls, and both airborne and impact sound insulation for floor/ceiling assemblies.

Airborne Sound Insulation. All wall assemblies enumerated or alluded to in the previous paragraph shall be of a type of construction that has a minimum rating of 58 STC (Sound Transmission Class). All floor/ceiling assemblies enumerated or alluded to in the previous paragraph shall be of a type of construction that has a minimum rating of 50 STC. Wood floor joists and sub-flooring shall not be continuous between separate condominium units. Penetrations or openings in the construction for piping, electrical outlets and devices, recess cabinets, bathtubs, soffits and heating, ventilating and/or air conditioning intake and exhaust ducts, and the like, shall be sealed, lined, insulated or otherwise treated to maintain the required rating and such treatment shall be approved by the Building Official. Entrance doors to the unit shall be of solid construction and, together with perimeter seals, shall have a minimum rating of 30 STC. Such perimeter seals shall be maintained in effective operating condition.

Impact Sound Insulation. All separating floor/ceiling assemblies enumerated or alluded to above shall be of a type of construction that has a minimum rating of 69 IIC (Impact Insulation Class). Floor coverings may be included in the assembly to obtain the required ratings, but must be retained as a permanent part of the assembly and may only be replaced by another floor covering that provides the same or greater impact insulation.

Verification of Sound Class. STC and IIC ratings shall be based on the results of laboratory measurements and will not be subjected to field testing. The STC rating shall be based on the American Society for Testing and Materials system specified in ASTM B90-66t or equivalent. The IIC rating shall be based on the system in use at the National Bureau of Standards or equivalent. Ratings obtained from other testing procedures will require adjustment to the above rating systems. (Ord. 78-452)

9128.16 Development Criteria.

There are important considerations relative to each proposal for residential condominium usage and to each proposed site that do not lend themselves to specific development standards. The following criteria shall apply to proposals for condominium usage made pursuant to the provisions of CMC 9128.11 through 9128.17, and shall serve as a basis for the evaluation of accepted and appropriate planning and architectural techniques necessary for the orderly development of the City, and concurrently shall give substance to the policies necessary to achieve the purposes of these sections:

The project should be a comprehensive and integrated design, providing for its own open space, off-street parking and amenities for contemporary living. Insofar as the scale of the project allows, open space, walkways and other areas for people should be separated from parking areas, driveways and other areas for automobiles.

Architectural unit and harmony should be achieved both within the project and between the project and the surrounding community so that the project does not constitute a disruption to the established fabric of the community.

The layout of structures and other facilities should effect a conservation in street, driveway, curb cut, utility and other public or quasi-public improvements. Structures should be designed to minimize, within the context of accepted architectural practice, the consumption of natural resources either directly or indirectly (e.g., gas, water, electricity).

The project should be designed to maintain as much of the natural topography, large trees and environment as practical.

The configuration and orientation of the project should respect reasonable design limits imposed by the natural and man-made environment. Structures should be situated to take advantage of view, topography, sun and wind, while at the same time not destroying these advantages for adjacent properties. Structures should also be situated to minimize or buffer any undesirable characteristics of the site such as street noise and nearby obnoxious commercial or industrial uses.

The layout of units and open space within the project should establish, through the use of structure and landscape materials, a perceptible spatial transition from the public street, though the semi-privacy of the common areas, to the privacy of the unit. Most importantly, the environment of each condominium unit should be private and free from visual, audible and other intrusions.

9128.17 Declaration of Covenants – Conditions and Restrictions.

To achieve the purposes of CMC 9128.11, the Declaration of Covenants, Conditions and Restrictions relating to the management of the common area and facilities shall accompany all proposals for residential condominium usage made pursuant to the provisions of CMC 9128.11 through 9128.17. In addition to such covenants, conditions and restrictions that may be required by the Department of Real Estate of the State of California or pursuant to Title 6 of Part IV of Division II of the California Civil Code or other State laws or policies, such declaration shall provide for the following, none of which, after acceptance in final form by the City, shall be amended, modified or changed without first obtaining the written consent of the City:

Assignment or Conveyance of Private Open Space. The surface area and appurtenant airspace or private open space areas, including but not limited to the private patio, deck, balcony, solarium or atrium required by CMC 9128.15, and any integral portion of that space that may exceed the minimum area requirements, shall be described and irrevocably assigned to its respective unit, except that where the private open space is totally within the boundary described by the interior surfaces of the unit, it shall be conveyed as an integral part of the unit.

Assignment or Conveyance of Private Storage Areas. The surfaces and appurtenant airspace of private storage areas, including but not limited to the private storage space required by CMC 9128.15, shall be described and irrevocably assigned by the Declaration or Condominium Plan to its respective unit, except that where the private storage space is totally, within the boundary described by the interior surfaces of the unit, as it would be in a closet opening upon a unit’s room or hallway, it shall be conveyed as an integral part of the unit.

Assignment or Conveyance and Use of Required Off-Street Parking Spaces. Required off-street, enclosed parking spaces, except guest parking spaces, shall be permanently and irrevocably assigned to particular units within the project on the basis of two (2) spaces per unit, except that where two (2) parking spaces are totally within the boundary described by the interior surfaces of the unit, as they would be in townhouse development with a private entrance from the parking garage to the unit, they shall be conveyed as an integral part of the unit. To the maximum practical extent, the two (2) spaces assigned to each unit shall be contiguous. In no case shall the private storage area of one (1) unit overhang or take its access from the required off-street parking space of another unit. All parking spaces shall be used solely by unit owners, members of their families, their guests or lessees of the owner’s unit, except that a unit occupant within the project may rent one (1) space to another unit occupant or to the Association. All parking spaces shall be solely for the purpose of parking motor vehicles as defined by the California Vehicle Code.

Maintenance of Impact Insulation Class. The Impact Insulation Class (IIC) rating of all separating floor/ceiling assemblies, as required by CMC 9128.15, shall be described in the Declaration. Where the minimum IIC rating is obtained through the use of floor covering(s), the Declaration should provide that said covering(s) shall not be removed for any purpose except cleaning or replacement, and shall further provide that any replacement covering(s) shall furnish not less than the degree of impact insulation afforded by covering(s) originally installed.

Right of Public Entry to Common Area. The City of Carson, the County of Los Angeles, the State of California, and the Government of the United States, and any department, bureau or agency thereof, shall have the right of immediate access to all portions of common areas of the project not assigned for the exclusive use of the owner of a particular unit at all times. Notice of such right of governmental agency access shall be prominently displayed in the common areas of the project.

Television and Radio Antenna. Individual television and radio antennas shall be prohibited outside of any owner’s unit. The Declaration shall provide either for a central antenna with connections to each unit via underground or internal wall wiring, or each unit shall be served by a cable antenna service provided by a company licensed to provide such service within the City.

Voting. For the purpose of voting, including without limitation voting to set the amount of regular or special assessments and for the purpose of amending the Covenants, Conditions and Restrictions, one (1) vote shall be allocated for each unit within the project. The amount of regular and special assessments may be made proportional to the gross square footage of each unit within the project.

Partition and Sale of the Project. An action may be brought by one (1) or more owners of units within the project for partition thereon by sale of the entire project as if the owners of all the condominiums in such project were tenants-in-common in the entire project in the same proportion as their interests in the common areas provided, however, that a partition shall be made only upon a showing of the existence of one (1) or more of the conditions set forth in Section 752b of the California Code of Civil Procedure, or that:

Two years after damage or destruction to the project which renders a material part thereof unfit for its use, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction; or

One-half or more of the project has been destroyed or substantially damaged and condominium owners holding in aggregate more than fifty (50) percent interest in the common areas are opposed to repair or restoration of the project; or

The most recently constructed dwelling structure has been in existence in excess of the number of years shown in the following table, the project is obsolete and uneconomic, and the percentage of condominium owners holding in aggregate a percentage interest in the common areas as set forth in the following table are opposed to repair or restoration of the project.

Age of Structure	Percentage of Interest in Common Areas Held by Condominium Owners
30 years	70 percent
40 years	60 percent
50 years	50 percent
60 years	40 percent
70 years	30 percent

For purposes of this Section, multiple owners of a single unit shall not be deemed possessed, in the aggregate, of any greater interest in the common areas than that possessed by a single owner of a unit.

Maintenance. The Declaration shall contain a provision establishing the obligation and duty of the governing body of the condominium to maintain the common areas in good condition.

Enforcement. The Declaration shall contain a provision ensuring the right of any owner to enforce the terms of the Declaration.

Maintenance of Common Areas and Facilities.

Obligation. No Conditional Use Permit shall be granted for a residential condominium development unless the obligation for care, upkeep and management of the common element is imposed on a nonprofit corporation (the Association).

Assessments. In order to protect the public health, safety and welfare, provision shall be made both for annual assessments for maintenance and special assessments for capital improvements. The amount of the regular annual assessment, and the procedure for its change, shall be specified. The manner in which special assessments may be levied for the purpose of defraying, in whole or part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common area shall be specified. The amount of regular and special assessments may be made proportional to the gross square footage to each unit within the project. Both annual and special assessments may be collected on a monthly basis. The remedies which the Association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment.

Veto Right and Authority of the City. In consideration for the City’s approval of a condominium project, including without limitation any approval of a conversion to condominium usage, the Declaration shall provide that the City, at its option, has the right and authority to veto any action of the Association which would tend to decrease the amount of the regular annual assessment upon a finding by the City that such a decrease could or would adversely affect the long-run maintenance of the condominium structures and/or common areas. To enable the City to exercise said optional veto, the Declaration shall provide that Association actions to decrease the annual assessment do not become effective until sixty (60) days after written notice of such action is given to the City.

Utility Easements Over Private Streets and Other Areas. If the condominium project contains private streets, provision shall be made for public utility easements in or adjacent to such private streets, adjacent to public streets or over other portions of the project to accommodate fire hydrants, water meters, street furniture, storm drainage, sanitary sewers, water and gas mains, electrical lines and similar urban infrastructure. The Commission may also require access routes necessary to assure that fire fighting equipment can reach and operate efficiently in all areas of the project.

Amendment of the Declaration. Any amendment to the Declaration which would amend, modify, delete or otherwise affect any provision required by this Section shall require the prior written approval of the City. To that end, no such amendment of the Declaration shall be effective unless: (1) the text thereof shall have been submitted to the City thirty (30) days prior to its adoption by the owners; (2) either the City has approved the amendment or failed to disapprove it within said thirty (30) day period; and (3) the recorded instrument effecting such amendment shall recite that it was so submitted and approved or not disapproved.

Mobile Home Parks

9128.2 Mobile Home Parks.

Every Conditional Use Permit for a mobile home park shall be subject to the following conditions regardless of whether such conditions are specifically set forth in the Conditional Use Permit. In granting a Conditional Use Permit, additional conditions may be imposed but may not change or modify any of the following conditions:

Area. A mobile home park shall have a net area of not less than two hundred thousand (200,000) square feet.

Mobile Home Site Size. The average size of the mobile home sites shall not be less than twenty-two hundred (2,200) square feet. No mobile home site may have an area of less than twelve hundred (1,200) square feet. The area of a mobile home site covered by a mobile home and any other structure(s) shall not exceed seventy-five (75) percent of the site area.

Yards. The required front yard of the mobile home park shall be the same as required in the zone in which it is located but in no event less than fifteen (15) feet. No mobile home or structure, other than a fence or wall, shall be located within five (5) feet of the front, side or rear lot line of a mobile home site.

Distance Between Mobile Homes. There shall be a distance of not less than ten (10) feet between mobile homes.

Driveways. Each mobile home site shall have access upon a driveway of not less than twenty-five (25) feet in clear width, exclusive of required parking areas. All driveways shall be improved with macadam, asphalt or concrete surfacing, and shall have clear and unobstructed access to a public street.

Parking Requirements. There shall be not less than two (2) parking spaces at least nine (9) feet by twenty (20) feet in size for each mobile home site, and in addition thereto, not less than one (1) such parking space for each four (4) mobile home sites for guest parking. Tandem parking is permitted for the two (2) required parking spaces for each mobile home site.

Walls. A wall at least six (6) feet in height shall be built and maintained to completely enclose all mobile home park facilities. Such walls shall be located so as to be in compliance with the yard requirements of the applicable zone.

Landscaping. Such areas of a mobile home park shall be landscaped as the Commission finds necessary to prevent the mobile home park from being materially detrimental to the public welfare or to the property of other persons located in the vicinity thereof.

Signs. Signs shall not be used in conjunction with a mobile home park except:

One sign, not over twenty (20) square feet in area, solely for the purpose of identifying the name of the mobile home park may be erected for each street frontage. No sign is permitted along a freeway frontage.

Directional or informational signs relating solely to the operation of the mobile home park may be erected, not exceeding four (4) square feet in area per sign and not exceeding four (4) feet in height.

One park directory sign may be provided at each vehicular entrance to the mobile home park. Such directory sign shall not exceed twenty-four (24) square feet in area per sign.

Recreation Facilities. Recreation facilities shall be provided sufficient for the reasonable use and enjoyment of the residents of the mobile park.

Prohibitions:

A recreational vehicle shall not be occupied in a mobile home park.

A mobile home shall not support a building.

Recreational facilities shall not be used by any person other than residents of the mobile home park and their guests.

A mobile home park shall have no dwelling units other than one (1) dwelling unit for the use of a caretaker or a manager responsible for maintaining or operating the property.

Vehicles shall not be parked within required driveways.

A mobile home shall not be used for any commercial purpose other than a permitted home occupation pursuant to CMC 9128.4.

There shall be no commercial uses in a mobile home park, other than home occupations, except those uses approved by the Commission upon a finding that such uses are appurtenant and necessary to facilitate the operation of a mobile home park.

Other Regulations. The mobile home park shall comply with all other applicable statutes, ordinances, rules and regulations.

9128.21 Relocation Impact Report (RIR).

For the purpose of this Section, any closure of a mobile home park or trailer park or any part thereof or any change of the park’s status to a vacant use shall be deemed to be conversion of the park.

Prior to the conversion of a mobile home park or trailer park or any part thereof to any other use or to a vacant use, the person or entity (hereinafter “the applicant”) proposing such conversion shall file an application with the City and obtain approval from the City of a relocation impact report (RIR) in accordance with the provisions contained in this Section.

For the purpose of this Section, the term “mobile home” shall mean a vehicle designed or used for human habitation and shall include camping trailers, motor homes, slide-in campers and travel trailers, when used as the occupant’s primary place of residence as established by nine (9) months’ continuous residency, and mobile homes as defined in the California Mobile Home Residency Law, Civil Code Section 798 et seq.

No sign stating that the mobile home park or trailer park is closing, may be closing or has been closed, and no sign concerning a proposed new use of the park, may be placed on or adjacent to a mobile home park or trailer park before the City has adopted a final resolution approving the RIR for the park and the applicant has executed and recorded a certificate of acceptance of the conditions of the resolution approving the RIR and given the required six (6) months’ notice of termination of tenancy.

A. Time for Filing RIR. An RIR shall be filed by the applicant and approved by the Commission prior to the giving of the written notice of change in use of a mobile home park or trailer park or any portion thereof required by California Civil Code Section 798.56. The RIR shall constitute an application for a permit requesting a change of use within the meaning of California Civil Code Section 798.56.

If the applicant files a tentative tract or parcel map to a subdivision to be created upon the conversion of a mobile home park or a trailer park to another use prior to giving the written notice under California Civil Code Section 798.56, then the RIR shall be filed concurrently with the filing of the map.

B. Application and Resident Questionnaire. The City may require that the applicant file an application on a form, provided by the City, concurrently with the filing of an RIR.

The City may also require that the applicant give to each affected mobile home owner a questionnaire, provided by the City, which includes, but is not limited to:

1. The purchase price and date of purchase of the mobile home by the resident. (Information may be provided at the option of the resident.)

2. The amount and terms of any remaining amount due on a mortgage on the mobile home.

3. The cost incurred by the resident in making any improvements, such as additions to or enlargement of the mobile home, patios, porches, carports, landscaping, and related amenities.

4. Any circumstances, including but not limited to job location, which would restrict the area in which the resident is able to relocate.

5. The annual income of the resident’s household. (Information may be provided at the option of the resident).

6. Survey question(s) as to whether or not the resident supports the proposed conversion of the park.

All questionnaires shall be given to each resident by the applicant at least forty (40) days prior to filing the proposed RIR with the City and shall be returned by each resident to the applicant within thirty (30) days. All completed questionnaires shall be submitted to the City by the applicant concurrently with the filing of an RIR.

Said questionnaires shall be kept separate from the RIR and will not be included in the RIR sent to each resident. The identity of a resident and his or her individual responses shall be confidential and shall not be divulged except as necessary to determine the relocation assistance to be received by that particular resident or to settle disputes concerning the relocation assistance approved by the City. The City may also require information, such as that in the questionnaire, directly from the resident.

C. Content of RIR. The RIR shall contain the following:

1. A description of the proposed new use, including whether it will include or contribute to housing opportunities or choices for low- and moderate-income households within the City.

2. A timetable for conversion of the park.

3. A legal description of the park.

4. The number of spaces in the park, length of occupancy by the current occupant of each space, and current rental rate for each space.

5. The date of manufacture and size of each mobile home.

6. The appraised in-place market value of each of the mobile homes in the park. The appraiser is to be selected by the City and the cost is to be borne by the applicant. The appraiser shall be State-certified and have experience establishing the value of mobile homes. The appraisal of in-place market value shall be based on the current in-place location of the mobile home and shall assume continuation of the mobile home park.

7. The total number of mobile home residents, broken down space by space, to identify owner or renter occupancy, principal or second home occupancy, resident under sixteen (16) years of age, residents sixty-two (62) years of age or over, the number of residents who are handicapped and/or disabled and, to the extent the information is available to the applicant, the number of resident households whose incomes are: (i) below thirty (30) percent of the applicable area median income (“AMI”); (ii) thirty (30) percent to fifty (50) percent of AMI; (iii) fifty (50) percent to eighty (80) percent of AMI; and (iv) eighty (80) percent to one hundred twenty (120) percent of AMI.

8. The name and mailing address of each mobile home resident and each nonresident mobile home owner.

9. A list of known available spaces in the South Bay-Long Beach area of Los Angeles County, the Orange County area and other areas of Los Angeles County within a fifty (50) mile radius from the park, including any written commitments from mobile home parks and trailer park owners willing to accept displaced residents, the comparability of such parks and the rental rates for such spaces.

a. If comparable spaces are not available for the mobile homes of the residents within the above described areas, the RIR shall contain information on the location and rental rates of available spaces in other areas, if any, within a reasonable distance from the mobile home park, the purchase price of comparable mobile homes in place in a comparable park within a reasonable distance, the purchase and installation cost of a new mobile home if spaces are available for new mobile homes in a comparable park within a reasonable distance, the rental rates in such parks.

b. If comparable spaces are not available within a reasonable distance, the purchase price of condominiums similar in size to the mobile homes within a reasonable distance, and the rental rates and moving costs involved in moving to an apartment or other rental unit within a reasonable distance.

10. A replacement and relocation plan that adequately mitigates the impact upon the ability of the park residents who will be displaced to find adequate housing in a mobile home park within a reasonable distance.

11. Estimates from two (2) moving companies as to the minimum and per mile cost of moving mobile homes of various sizes, including tear-down and setup of mobile homes and moving of improvements such as porches, carports, patios, and other movable amenities installed by the residents. Said moving companies shall be approved by the Director of Community Development (hereinafter “Director”) prior to inclusion with the RIR.

12. Proposed measures to mitigate the adverse impacts of the conversion upon the park residents.

13. The City may require that the applicant hire a relocation specialist to find alternate housing. The specialist shall be selected by the applicant, subject to the City’s approval, and shall be paid for by the applicant.

14. Information whether residents have been offered the option of a long-term lease of the land and purchase of the improvements if the park is to be sold.

D. Hearing and Notice. Upon filing of an RIR, the Director shall examine the same and advise the applicant within thirty (30) days after receipt thereof whether it is complete (which determination shall be preliminary and subject to subsection (E) of this Section as it relates to completeness and/or sufficiency of the RIR replacement and relocation plan). When a complete RIR has been filed it shall be accepted by the Director, and the Director shall set a time, date and place for review of the RIR by the Commission not later than ninety (90) days after the date of acceptance. The Director shall mail a copy of the RIR to all residents of the mobile home park or trailer park and any nonresident owners of mobile homes in the park and shall give notice by certified mail or personal delivery to the applicant, the residents, and any nonresident owners of mobile homes in the park of the date, time and place of the hearing at least sixty (60) days prior thereto. The RIR sent to each resident and nonresident mobile home owner shall not include the resident questionnaire; however, it shall include the individual appraisal of that resident’s mobile home. The notice shall also contain a general explanation of the matters to be considered by the Commission. The Director may give such additional notice as the Commission deems necessary or desirable. The hearing shall be conducted and the decision made in accordance with CMC 9173.23, 9173.31, 9173.32 and 9173.33.

E. Commission Findings and Decision. Upon review of the RIR and consideration of the written and oral evidence received at the hearing, the Commission shall make a finding as to whether or not approval of the park’s conversion into the proposed new use, taking into consideration both the RIR as a whole and the overall housing availability within the City, will result in or materially contribute to a shortage of housing opportunities and choices for low- and moderate-income households within the City and, by resolution, shall render its decision on the RIR application within forty-five (45) days of the date first set for hearing. The Commission shall approve the RIR if it is able to make affirmative findings that: any displaced resident who cannot obtain adequate housing in a rent-controlled mobile home park within fifty (50) miles will be paid the in-place market value of the displaced resident’s mobile home, as appraised in accordance with this Section, by the applicant; and measures have been provided that adequately mitigate the adverse impact of the conversion on the ability of the park residents to be displaced to find adequate housing in a mobile home park within a reasonable distance.

If the Commission does not make any one (1) of these findings and is unable to impose reasonable measures to mitigate the adverse impact, the Commission may disapprove the RIR. No other permit or approval shall be granted in furtherance of the proposed conversion and no change of use shall occur until and unless an RIR has been approved.

In approving an RIR, the Commission may impose reasonable measures to mitigate adverse impacts created by the conversion on the ability of the park residents to be displaced to find adequate housing in a mobile home park within a reasonable distance, which may include, but not be limited to, any of the following:

1. Provision for payment of the cost of physically moving the mobile home to a new site, including tear-down and setup of mobile homes, including, but not limited to, movable improvements such as patios, carports and porches.

2. Payment of a lump sum to compensate for payment of the first and last month’s rent and any security deposit at the new mobile home park.

3. Payment of a lump sum to compensate for any differential between rental rates at the closing mobile home park and the new mobile home park during the first year of the new tenancy.

4. For those mobile home residents who move to apartments or other rental housing alternatives, provision for the first and last month’s rent, plus security deposit, cleaning fees, not to exceed the fair market rents for new construction and substantial rehabilitation for the Los Angeles area as established by the U.S. Department of Housing and Urban Development. Mobile home households may be compensated based on the number of bedrooms in the mobile home so that a one (1) bedroom mobile home may be compensated based on a one (1) bedroom apartment, a two (2) bedroom mobile home based on a two (2) room apartment, etc.

5. For those mobile home residents who move to apartments or other rental housing alternatives, a lump sum payment to compensate for any differential between rental rates at the closing mobile home park and the rental housing alternative during the first year of tenancy. Mobile home households may be compensated based on the fair market rents for new construction and substantial rehabilitation for the Los Angeles area as established by the U.S. Department of Housing and Urban Development. Mobile home households may be compensated based on the number of bedrooms in the mobile home so that a one (1) bedroom mobile home may be compensated based on a one (1) bedroom apartment, a two (2) bedroom mobile home based on a two (2) bedroom apartment, etc.

6. Provision of a replacement space within a reasonable distance of the mobile home park or trailer park.

7. Mandatory. A requirement that a resident who cannot obtain adequate housing in a rent-controlled mobile home park within fifty (50) miles be compensated by a lump sum payment equal to the in-place market value of the displaced resident’s mobile home including resident improvements (i.e., landscaping, porches, carports, etc.) as appraised in accordance with this Section.

8. A provision for setting aside a certain number of units for the residents of the park if the park is to be converted to another residential use, including with respect to affordable housing units if affordable housing units will be included in the subsequent residential use.

9. An effective date of RIR approval that commences not less than one (1) year following the date of the approval action, or such longer period, not to exceed three (3) years, as the Planning Commission finds is necessary to provide sufficient time for the relocation of the displaced park residents and mobile homes.

The mitigation measures required shall be subject to Government Code Section 65863.7, as the same may be amended from time to time.

F. Effective Date of Commission – Decision and Appeal. The decision of the Planning Commission shall become effective and final fifteen (15) days after the date of its decision unless an appeal is filed in accordance with CMC 9173.4. An appeal shall be considered by the Council as provided in CMC 9173.4 except that the Director shall advise the appellant within fifteen (15) days after receipt thereof whether it is complete, shall set a date for the appeal hearing not later than thirty (30) days after it is accepted as complete, shall give fifteen (15) days’ notice of the hearing to all affected parties in the manner required by subsection (D) of this Section and the Council shall, by resolution, render its findings and decision thereon within forty-five (45) days after the date first set for hearing on the appeal.

G. Subsequent Modification of Mitigation Measures.

1. After an RIR has been approved and after the applicant has executed and recorded a certificate of acceptance of the conditions of the RIR, modification of the mitigation measures imposed, including additions and deletions, may be considered upon the filing of a written application by the applicant, or the applicant’s authorized representative. Modification may be granted on the grounds that there has been a change in circumstances or new information, which could not reasonably have been known or considered at the time of the hearings on the RIR, has become available. Examples of such new information or changed circumstances include, but are not limited to, revised plans by the applicant and a change in the availability of relocation spaces. Modification shall not be granted when it would unreasonably prejudice the ability of the residents to relocate to comparable housing.

2. Any application for modification shall be subject to the notice and hearing procedures set forth in subsection (D) of this Section. The decision and any appeal in connection with a modification request shall take place as with the initial approval.

H. Performance of Mitigation Measures. The applicant shall execute and record a certificate accepting the mitigation measures imposed on the approval of an RIR within ninety (90) days of the final resolution approving the RIR and imposing the mitigation measures and shall give the six (6) month notice of the termination of tenancy and closure of the park within one hundred twenty (120) days of the adoption of that resolution, unless otherwise provided in the resolution. A resolution approving an RIR shall automatically become null and void if the certificate accepting the conditions is not filed and executed within ninety (90) days of the date of the final resolution approving the RIR, or if the notice of termination is not given within one hundred twenty (120) days of the adoption of that resolution or such other date as is provided in the resolution. All mitigation measures imposed in the approval of an RIR shall be fully performed as to each resident prior to that resident’s required vacation of the mobile home park or trailer park, unless otherwise provided in the mitigation measure. No resident shall be required to vacate a mobile home/trailer space unless the applicant is in full compliance with all mitigation measures imposed pertaining to such resident, and has otherwise fulfilled the notice requirements of the California Mobile Home Residency Law relating to “Termination of Tenancy” and the notice required in CMC 4700 through 4709.

I. Expiration, Extension and Revocation of RIR.

1. Expiration. An RIR shall become automatically null and void if the conversion of the mobile home park has not occurred within twelve (12) months of its effective date unless extended as provided in subsection (I)(2) of this Section or unless otherwise provided in the RIR or the resolution of approval of the RIR.

2. Extension. Upon application by the applicant filed with the Director on or before the date of expiration of the RIR, an RIR may be extended by the Commission, or the Council on appeal, if the Commission finds that the termination of the RIR would constitute an undue hardship to the applicant and that the continuation of the RIR would not be detrimental or have any further adverse impact on the residents in the park. An application for an extension shall be subject to the hearing and notice procedures set forth in subsection (D) of this Section. In approving an extension, the Commission may subject the RIR to any additional mitigation measures deemed necessary to mitigate any adverse impacts resulting from the extension. Multiple extensions may be granted, but no one (1) extension shall be issued for more than twelve (12) months.

3. Revocation. Proceedings for the revocation of an RIR may be initiated by the Council, the Commission or the Director. Upon initiation of a revocation, the Commission shall conduct a hearing with notice given in the same manner set forth in subsection (D) of this Section, except that notice to the applicant shall be by certified mail or personal service. After the hearing, the Commission may, by resolution, revoke the RIR if any of the following findings are made:

a. Approval was obtained by fraud, deceit or misrepresentation.

b. The applicant is not or has not been in compliance with the mitigation measures contained in the RIR or with the provisions of this Section.

c. A revocation shall be effective fifteen (15) days after the date of the action by the Commission unless an appeal is filed in accordance with CMC 9173.4. An appeal shall be considered by the Council as provided in CMC 9173.4.

d. Upon revocation, the applicant shall not be entitled to convert or change the use of the park until such time as a new RIR is filed and accepted as complete by the Director, a new written notice of change of use is given to park residents and a new RIR is approved by the Commission.

J. Time Limits. The time limits set forth in subsections (A) through (I) of this Section may be extended with the applicant’s consent and waiver of the applicable time limits in writing or orally on the record during a public hearing.

K. Severability. If any section, subsection, sentence, clause, phrase or portion of subsections (A) through (I) of this Section is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. The City Council hereby declares that it would have adopted said sections and each subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one (1) or more of said sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

Effect on Pending Applications. Any completed RIR application pending upon the effective date of this Section shall continue to be processed and the applicant shall have thirty (30) days in which to provide any further information required by this Section. (Ord. 82-589U, § 1; Ord. 82-618, § 2; Ord. 89-882, §§ 1 – 12; Ord. 92-965, §§ 1 – 9; Ord. 92-966, § 6; Ord. 23-2304, § 3)

Subdivision Directional Signs

9128.31 Regulation.

No sign providing travel directions to a subdivision or other development shall be located or erected in any zone unless authorized by the Director in accordance with the provisions of CMC 9128.32 through 9128.35.

Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code. (Ord. 79-479, § 6)

9128.32 Application.

A person desiring to erect and maintain one (1) or more subdivision directional signs shall apply therefor to the Director concurrently with one (1) or more building permit applications for construction in the development to which the signs refer.

In the application, the applicant shall quote exactly the message to be placed upon each sign and shall list all existing subdivision directional signs for the same subdivision development. A plot plan and elevation plan shall be provided showing the location and design of each sign. Both the owner of the sign and the applicant shall sign the application. No fee shall be required for such application.

9128.33 Specifications.

The written and illustrative message on each subdivision directional sign shall be the same as quoted in the application and as shown on the elevation plan except as otherwise permitted or required by the Director, and shall be limited to necessary travel directions, the name of the land development project to which it pertains, a characteristic trademark or insignia and other such information describing the character of the development as may be specifically approved by the Director, provided, however, that such information shall be auxiliary to said sign’s primary purpose of providing travel directions. Said sign shall not contain any other advertising.

An unobstructed open space shall be maintained to a height of eight (8) feet below each sign except for structural supports. Where topographic features create an unnecessary hardship or unreasonable regulation or make it obviously impractical to require compliance with this provision, the Director may modify this requirement.

Not more than four (4) sign structures containing not more than a total of eight (8) sign faces shall be permitted at any one time for a development, regardless of the number of units, tract maps or phases within the total development.

Such signs shall be located only within four (4) miles from the exterior boundary of the development to which they relate.

Such signs shall not be located within the right-of-way of any street or alley, or along an established or existing freeway which has been designated as a freeway route by the State of California, or along a scenic highway.

Identification shall be placed on each such sign indicating the permit number, sign owner and expiration date.

9128.34 Agreement and Deposit.

The Director shall require with each application, as a condition of approval, the deposit of a cash performance bond in the amount of $600.00 per sign structure and an agreement signed by the applicant, the owner of the sign and the owner of the property on which the sign is to be placed, by which such persons agree that the City may enter the property upon which the sign is located and remove it if such sign is not removed and the site thereof restored to a neat and orderly condition within five (5) days after the termination of the permit. The said applicant and owners also shall agree that if such sign is not so removed by them within said five (5) days and the site restored, the City may retain the deposit as liquidated damages.

9128.35 Time Limit.

No subdivision directional sign shall be permitted for a period of more than two (2) years, except the Director may grant time extensions of one (1) year each.

Home Occupations

9128.4 Home Occupations.

Home occupations may be conducted by the occupants of a dwelling, provided:

The home occupation is secondary and incidental to the principal use of the property for residential purposes.

The character of the structure and premises is not changed from a residential character. The appearance of the structure shall not be altered in any way, nor may the conduct of the occupation within the structure be such that the structure can be recognized as serving a nonresidential use (either by color, materials of construction, lighting, sounds or noises, vibrations, electrical interference or otherwise).

There is no storage of materials and/or supplies either indoors or outdoors and no accessory building or space outside the main building is used for home occupational purposes, except that the garage may be used for storage; provided, that such storage does not interfere with required off-street parking spaces.

No persons, other than members of the resident family, are employed in such occupation.

No equipment is used which will increase the need for utilities or community facilities beyond that usually required for residential purposes.

Not more than one (1) room in the dwelling is used for the home occupation.

No sale of goods is made on the premises.

There is no stock in trade nor display maintained on the premises.

No sign and/or structure is exhibited other than those otherwise permitted in the zone in which located.

The use does not require material or equipment recognized as not being normally used by residents or hobbyists in households, except that light business machines are permitted.

The use does not generate pedestrian or vehicular traffic beyond that normal to the zone in which it is located.

The use does not involve deliveries of materials to or from the premises by commercial delivery vehicles.

Multiple-Family Dwelling

9128.51 Multiple-Family Dwelling.

Every Conditional Use Permit for a multiple-family dwelling shall be subject to the development standards and criteria set forth in CMC 9128.54 through 9128.55 regardless of whether such conditions are specifically set forth in the Conditional Use Permit. In granting a Conditional Use Permit, additional conditions may be imposed. (Added by Ord. 85-720, § 10)

9128.52 Existing Multiple-Family Dwellings.

Existing multiple-family dwellings which do not comply with the provisions of CMC 9128.54 shall be nonconforming uses and shall be allowed to continue operation without a Conditional Use Permit and without complying with the development standards set forth in CMC 9128.54. (Added by Ord. 85-720, § 10)

9128.53 Application for Conditional Use Permit.

The application for a Conditional Use Permit for a proposed multiple-family dwellings project shall include the following information, in the number of copies and degree of detail which the Director determines to be sufficient for the Commission to evaluate the project:

Dimensioned schematic development plans consisting of at least a site plan, garage plan, typical floor plan, building elevations showing natural grades, transverse and longitudinal sections showing natural grades, transverse and longitudinal sections showing natural grades and a conceptual landscaping plan for the project as a whole.

A tabular analysis showing how the project compares to the minimum standards for multiple-family dwellings.

Typical detailed sections of the types of wall and floor/ceiling construction that would be used in both common and interior partition walls within the project, including either published data from a recognized testing laboratory or a statement from a licensed acoustical engineer or the City Building Official as to the STC (Sound Transmission Class) and IIC (Impact Insulation Class) of the proposed type of construction.

Such other information which the Commission or Director determines is necessary to evaluate the proposed project. (Added by Ord. 85-720, § 10)

9128.54 Development Standards.

The Commission shall require, except as noted above, that all multiple-family dwellings conform to all ordinances of the City and all of the following multiple-family dwelling Development Standards:

Private Open Space. Notwithstanding the minimum total amount of usable open space required for a multiple-family dwelling project and the minimum dwelling unit size, each of the individual units shall have an appurtenant private patio, deck, balcony, atrium or solarium with a minimum area of one hundred fifty (150) square feet, except that one (1) bedroom and zero bedroom units shall have a minimum of one hundred thirty (130) square feet. Such space shall have a configuration that will allow a horizontal rectangle or square of one hundred (100) square feet in area and a minimum dimension of seven (7) feet to be placed in said space. The space shall be designed for the sole enjoyment of the unit tenant(s) and guests, and shall have at least one (1) weatherproofed, duplex electrical convenience outlet. Additionally, such space shall be at the same level as, and immediately accessible from, either a kitchen, dining room, family room or living room within the unit. The Commission may evaluate each project on its own merit in regard to the type, configuration and characteristics of the development, including unit mix pertaining to the number of bedrooms per unit and percentage thereof, and may allow variations from the above dimensional standards where it can be shown that the required private open space meets the intent and purpose of this Section.

Length of and Separation Between Buildings. Each detached residential building within a multiple-family dwelling project shall have a linear horizontal distance no greater than six (6) units in length. The spacing between main residential buildings within multiple-family dwelling projects shall be at least ten (10) feet, except where a parking space is proposed therein, in which case there shall be at least fifteen (15) feet between main buildings. Where an individual unit fronts on an interior courtyard, the separation from an adjacent main residential building shall be a minimum of twenty (20) feet. When main residential buildings are proposed to be separated by less than twenty (20) feet, the buildings shall not have windows, balconies, or patios directly opposing each other except for windows which open into stairwells or are located within vaulted ceiling areas where the height of the bottom of the window is no less than six (6) feet from the floor. When a project is designed with windows, balconies or patios that are part of an individual unit and the separation between buildings is less than fifteen (15) feet, the Commission shall evaluate the project to ensure that adequate light, air, ventilation, and privacy of all the residential units is provided and may require additional spacing up to twenty (20) feet to ensure the provision of these elements, and allow for separation of building masses and higher quality of design.

Landscaping Requirements. One (1) specimen-size tree (thirty (30) inch box tree) shall be provided for each unit. Specimen trees existing on a site prior to development shall be identified on the proposed site plan and shall not be removed without prior written approval from the Director of Community Development. Existing specimen trees may be used to satisfy the landscaping requirement.

Recreational Facilities. All projects one-half (1/2) acre or larger shall contain a children’s playground with an area based on the following formula: seventy (70) square feet for each two (2) bedroom unit and one hundred forty (140) square feet for each three (3) or more bedroom unit in the project. In no event shall the playground be less than thirteen hundred (1,300) square feet. All projects one (1) acre or larger shall contain a clubhouse or meeting room in addition to the aforementioned playground. Individual features of said playground and club house or meeting room are subject to the approval of the Director of Community Development.

Private Storage Space. Each unit within the project shall have at least two hundred (200) cubic feet of enclosed, weatherproofed and lockable storage space for the sole use of the unit tenant(s).

Such space shall have a minimum horizontal interior dimension of three and one-half (3-1/2) feet. The space, if a reach-in type, shall have an opening of three and one-half (3-1/2) feet by six (6) feet, or if a walk-in type, shall have a minimum clear access opening of two and one-half (2-1/2) feet by six and two-thirds (6-2/3) feet.

If such space is located within a common area within the project, the property’s owner shall be responsible for the care and maintenance of the exterior surface of the space in order to assure that the surface is maintained in a manner compatible with the architectural treatment of the project. Regardless of the location, the precise architectural treatment of such space shall be approved by the Planning Division to ensure that such areas are safe, convenient and unobtrusive to the functional and aesthetic qualities of the project.

Off-Street Parking. Each multiple-family dwelling project shall provide off-street parking in accordance with the provisions of CMC 9162.21.

Treatment of Utilities.

Plumbing Shut-off Valves. Water supply lines to each unit within the project shall be fitted with shut off valves of either a hand valve or screw stop type. If there are extenuating circumstances which make the installation of such valves impractical, the Commission may approve a system which provides individual shut-off valves ahead of each fixture within the unit. A shut-off valve shall also be provided ahead of each water supplied appliance not contained within a unit.

Drip Pans. Hot water heaters and any other appliances which the Building Official determines to be a potential source of water leakage or flooding shall be installed with built-in drip pans and a one and one-quarter (1-1/4) inch minimum diameter drain line leading to a safe point of disposal outside the building. The end of said drain shall be provided with a removable screen to prevent insect entrance to the unit. Drip pans may be omitted where appliances are located in the garages that are constructed such that any water leakage cannot damage the common wall between units or find its way into an adjoining unit.

Circuit Breaker. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. Such panel shall be accessible without leaving the unit.

Isolation of Vibration and Sources of Structure-borne Noise in Multiple-family Dwelling Projects Where Units Have Common Walls and/or Floor and Ceiling.

Shock Mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps and compactors which, because of their rotation, reciprocation, expansion and/or contraction, turbulence, oscillation, pulsation, impaction or detonation, are determined by the Building Official to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official. Domestic appliances which are cabinet installed or built into the individual units, such as clothes washers and dryers, or other appliances which are determined by the Building Official to be a source of structural vibration or structure-borne noise, shall be isolated from cabinets and the floor or ceiling by resilient gaskets and vibration mounts approved by the Building Official. The cabinets in which they are installed should be offset from the back wall with strip gasketing of felt, cork or similar material approved by the Building Official. Where such appliances utilize water, flexible connectors shall be installed on all water lines. If provision is made within the units for the installation of nonpermanent appliances such as clothes washers and dryers, then permanent rubber mounting bases and surface plates shall be installed in a manner approved by the Building Official.

Location of Plumbing Fixtures. No plumbing fixture, except pullman mounted lavatories, shall be located on a common wall between two (2) separate units where it would back up to a living room, family room, dining room, den or bedroom of an adjoining unit.

Isolation and Insulation of Lines. All water supply lines within the project shall be isolated from wood or metal framing with pipe isolators specifically manufactured for that purpose and approved by the Building Official. In multistory projects, all vertical drainage pipe, except piping serving only one (1) unit that is located in a wall that is not common to any other unit, shall be surrounded by three-quarters (3/4) inch thick dense insulation board or full thick fiberglass or wool blanket insulation for its entire length except the sections that pass through wood or metal framing.

Attenuation of Noise.

Airborne Sound Insulation. All wall assemblies enumerated or alluded to in the previous paragraph shall be of a type of construction that has a minimum rating of 58 STC (Sound Transmission Class). All floor/ceiling assemblies enumerated or alluded to in the previous paragraph shall be of a type of construction that has a minimum rating of 50 STC. Wood floor joists and subflooring shall not be continuous between separate units. Penetrations or openings in the construction for piping, electrical outlets and devices, recess cabinets, bathtubs, soffits and heating, ventilating and/or air conditioning intake and exhaust ducts, and the like, shall be sealed, lined, insulated or otherwise treated to maintain the required rating and such treatment shall be approved by the Building Official. Entrance doors to the unit shall be of solid construction and, together with perimeter seals, shall have a minimum rating of 30 STC. Such perimeter seals shall be maintained in effective operating condition.

9128.55 Development Criteria.

There are important considerations relative to each proposal for multiple-family development usage and to each proposed site that do not lend themselves to specific development standards. The following criteria shall apply to proposals for multiple-family development usage made pursuant to the provisions of CMC 9128.51 through 9128.55, and shall serve as a basis for the evaluation of accepted and appropriate planning and architectural techniques necessary for the orderly development of the City, and concurrently shall give substance to the policies necessary to achieve the purposes of these sections:

The project should be designed to maintain as much of the natural topography, large trees and environment as practical.

The configuration and orientation of the project should respect reasonable design limits imposed by the natural and manmade environment. Structures should be situated to take advantage of view, topography, sun and wind, while at the same time not destroying these advantages for adjacent properties. Structures should also be situated to minimize or buffer any undesirable characteristics of the site such as street noise and nearby obnoxious commercial or industrial uses.

The layout of units and open space within the project should establish, through the use of structure and landscape materials, a perceptible spatial transition from the public street, through the semi-privacy of the common areas, to the privacy of the unit. Most importantly, the environment of each unit should be private and free from visual, audible and other intrusions. (Added by Ord. 85-720, § 10)

Reserved

9128.6 Reserved.

Repealed by Ord. 16-1590. (Added by Ord. 1079, Exh. A.)

Single-Room Occupancy Housing

9128.7 Single-Room Occupancy Housing.

A. Transitional housing, including efficiency residential units, also known as single-room occupancy (“SRO”), shall be subject to and comply with the standards and regulations as follows:

1. Each SRO shall comply with all applicable development standards for the applicable zoning district and minimum standards contained hereinbelow.

2. Units shall have a minimum size of one hundred fifty (150) square feet and a maximum of four hundred (400) square feet.

3. Each unit shall accommodate a maximum of two (2) persons.

4. Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards described in CMC 9127.1 (Exterior Lighting).

5. Laundry facilities must be provided in a separate enclosed room at the ratio of one (1) washer and one (1) dryer for every twenty (20) units or fractional number thereof, with at least one (1) washer and dryer per floor.

6. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.

7. Each unit is required to provide a separate bathroom containing a water closet, lavatory and bathtub or shower.

8. Each unit shall be provided with a kitchen sink, functioning cooking appliance and a refrigerator, each having a clear working space of not less than thirty (30) inches in front.

9. Each SRO unit shall have a separate interior closet.

10. SRO units shall comply with all requirements of the California Building Code. All units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.

11. An SRO facility shall not be located within five hundred (500) feet of any other SRO facility, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot.

12. An SRO facility with ten (10) or more units shall provide on-site management. A facility with less than ten (10) units may provide a management office off site.

13. Tenancy of SRO units shall not be less than thirty (30) days and maximum period of twelve (12) months.

14. Parking shall be provided as follows:

a. One (1) uncovered parking space for every three (3) SRO units.

b. Two (2) uncovered parking spaces for an on-site manager unit.

c. Each SRO unit shall be provided at least one (1) lockable bicycle parking space in a location that is adjacent to that SRO unit.

15. Applications for an SRO unit or facility shall be processed in a manner consistent with procedures for multiple-family residential projects. (Ord. 13-1525, § 6)

Second Primary Units and Two (2) Unit Developments

9128.81 Purpose.

The purpose of CMC 9128.81 through 9128.88 is to establish procedures and standards for the approval and creation of second primary units and two (2) unit developments in accordance with the requirements of Government Code Section 65852.21. (Ord. 22-2210, § 10)

9128.82 Ministerial Review – Standard for Denial – Courtesy Notice.

A. Notwithstanding any other provision of this Code, an application for a second primary unit or a two (2) unit development shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements in CMC 9128.81 through 9128.88.

B. An application for a second primary unit or a two (2) unit development shall be reviewed by the Director.

C. The decision of the Director may be appealed in accordance with CMC 9173.4.

D. Notwithstanding subsection (A) of this Section, the City may deny an application for a second primary unit or two (2) unit development if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed second primary unit or two (2) unit development would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

E. At least seven (7) days prior to making a determination on an application for a second primary unit or two (2) unit development, the Director shall mail a courtesy notice to the owner(s) of each property immediately adjacent to the property where the proposed development will be located informing the owner(s) of the submitted application. (Ord. 22-2210, § 10)

9128.83 Requirements.

Proposed second primary units and two (2) unit developments:

A. Shall be located in an RS zoning district;

B. Shall not be located on a parcel that is any of the following, as more particularly described and defined in Government Code Sections 65913.4(a)(6)(B) through (a)(6)(K):

1. Prime farmland, farmland of Statewide importance, or land zoned or designated for agricultural protection by an approved local ballot measure;

2. Wetlands;

3. Within a very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection, unless the site has adopted fire hazard mitigation measures pursuant to existing building standards or State fire mitigation measures;

4. A hazardous waste site that has not been cleared for residential use;

5. Within a delineated earthquake fault zone unless the development complies with all applicable State and local seismic protection building code standards;

6. Within a special flood hazard area subject to inundation by a one hundred (100) year flood, unless:

a. The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City; or

b. The site meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program;

7. Within a regulatory floodway, unless the development has received a no-rise certification;

8. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan;

9. Habitat for protected species; or

10. Land under a conservation easement;

C. Shall not require or allow the demolition or alteration of any of the following types of housing:

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

3. Housing that has been occupied by a tenant in the last three (3) years;

D. Shall not require or allow the demolition of more than twenty-five (25) percent of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three (3) years;

E. Shall not be located on a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application;

F. Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or County landmark or historic property or district pursuant to a City or County ordinance. (Ord. 22-2210, § 10)

9128.84 Development Standards.

A second primary unit, and both of the units in a two (2) unit development, shall comply with all of the following development standards:

A. Configuration. A second primary unit may be attached to or detached from the primary dwelling unit on the parcel, subject to CMC 9128.83(C) and (D).

B. Size. A second primary unit, and both of the units in a two (2) unit development, shall be no larger than eight hundred (800) square feet in floor area each.

C. Height. A second primary unit, and both of the units in a two (2) unit development, shall be no taller than sixteen (16) feet in height from ground level and shall be one (1) story. The units shall not be located on the second story of a structure unless locating a unit on the second story is the only way to physically allow the construction of a second primary unit or two (2) unit development on a parcel, or to physically allow either the second primary unit or both units of a two (2) unit development to be at least eight hundred (800) square feet in floor area. The units shall not be located on the third or any higher story of a structure.

D. Setbacks. No setback beyond the existing setback shall be required for an existing permitted structure or for a unit constructed in the same location and to the same dimensions as an existing permitted structure. In all other circumstances, second primary units, and both units of a two (2) unit development, shall be set back at least four (4) feet from the side and rear lot lines.

E. Parking.

1. One (1) new off-street parking space is required for a second primary unit and one (1) new off-street parking space per unit is required for each unit of a two (2) unit development. Such parking spaces shall be in addition to all other existing parking spaces on the parcel.

2. Notwithstanding subsection (E)(1) of this Section, no parking spaces are required for a second primary unit or a two (2) unit development if either:

a. The parcel is located within one-half (1/2) mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

b. There is a car share vehicle located within one (1) block of the parcel.

F. Separate Entrances. A second primary unit, and both of the units in a two (2) unit development, shall have a separate entrance.

G. Wastewater.

1. Prior to issuance of a building permit for a second primary unit or either unit of a two (2) unit development, a video of the sewer lines that will be connected to the unit(s), or another appropriate sewer capacity test, may be required to show there are no sewer line constraints, as determined by the City Engineer. Any sewer line constraints shall be resolved to ensure adequate sewer capacity for all units on the parcel, as determined by the City Engineer, prior to issuance of a building permit.

2. Prior to issuance of a building permit for a second primary unit or either unit of a two (2) unit development that will be connected to an on-site wastewater treatment system, the applicant shall provide documentation of a percolation test completed within the last five (5) years, or, if the percolation test has been recertified, within the last ten (10) years. If the City Engineer finds that the on-site wastewater treatment system is inadequate to serve the proposed units, the system shall be repaired, replaced, or otherwise modified to ensure adequate capacity for all units on the parcel, as determined by the City Engineer, prior to issuance of a building permit.

H. Utilities. Second primary units, and both of the units in a two (2) unit development, must each have their own direct utility connection to the utility service provider for water, electric, and gas service.

I. Tree Replacement. If the construction of a second primary unit or two (2) unit development will result in the removal of one (1) or more trees with a trunk diameter of six (6) inches or greater either on private property or in the public right-of-way, then, as a condition of obtaining a certificate of occupancy, the owner shall plant one (1) new twenty-four (24) inch box tree for each tree removed. Trees planted in the public right-of-way shall be a species approved by the City’s Public Works Director.

J. Additional Development Standards. Second primary units, and each unit of a two (2) unit development, shall comply with all development standards that would be applicable to a primary dwelling unit on the same parcel, except where such standards conflict with the requirements of CMC 9128.81 through 9128.88, in which case CMC 9128.81 through 9128.88 shall govern.

K. Limitation on Enforcement of Development Standards. With the exceptions of the setback requirements in subsection (D) of this Section and the requirement to comply with all building codes, the City shall not enforce any development standard to the extent that it would have the effect of physically precluding the construction of a second primary unit or two (2) unit development on a parcel, or would physically preclude either the second primary unit or both units of a two (2) unit development from being at least eight hundred (800) square feet in floor area. (Ord. 22-2210, § 10)

9128.85 Total Number of Units.

A. CMC 9128.81 through 9128.88 do not authorize or require the approval of more than two (2) primary dwelling units on a single parcel. For purposes of this subsection, “primary dwelling units” means dwelling units other than accessory dwelling units or junior accessory dwelling units.

B. Notwithstanding any other provision in CMC 9128.81 through 9128.88, the approval of second primary units and two (2) unit developments on a parcel that was created through an urban lot split shall be limited as described in CMC 9210.7. (Ord. 22-2210, § 10)

9128.86 Design Standards.

A. Second primary units, and each unit of a two (2) unit development, shall comply with all objective design standards that would be applicable to a primary dwelling unit on the same parcel.

B. The architectural design and detailing, roof material, exterior color, and finish materials of a second primary unit shall be the same as those of the primary dwelling unit. Both units of a two (2) unit development shall have identical roof material, exterior color, and finish materials. (Ord. 22-2210, § 10)

9128.87 Rental Term – Separate Conveyance.

A. Second primary units and the units in a two (2) unit development shall not be rented for a term of less than thirty-one (31) consecutive days.

B. A second primary unit may not be turned into a condominium or otherwise sold separately from the other primary unit on the parcel. The units in a two (2) unit development may not be turned into condominiums or otherwise sold separately from one another. (Ord. 22-2210, § 10)

9128.88 Deed Restriction.

As a condition of approval of, and prior to the issuance of a building permit for, a second primary unit or two (2) unit development, the property owner shall execute a deed restriction, in a form approved by the City Attorney, which shall be recorded on the property and shall require that the second primary unit or two (2) unit development only be used and developed in accordance with the requirements in CMC 9128.81 through 9128.87. Violation of the deed restriction shall be considered a violation of this Code and may be enforced in a manner that this Code may be enforced. (Ord. 22-2210, § 10)