Chapter 17.35 CONDOMINIUMS

This article establishes requirements for the approval of new condominiums and other forms of common interest residential and nonresidential property. These requirements are intended to address the special attributes of condominium subdivisions and to adopt development standards which will protect both the community and the purchasers of condominium dwelling units.

(Ord. No. 17-9 (Exh. A))

17.35.020 Applicability.

This article applies to all new residential and nonresidential condominiums, stock cooperatives, community apartments, or any other subdivision of common interest property.

(Ord. No. 17-9 (Exh. A))

17.35.030 Approvals required.

(a) Subdivision maps. Pursuant to Government Code Section 66426, a condominium is treated as a subdivision subject to this title and the Map Act. As such, a condominium project requires city approval of subdivision maps as described in Article III (Maps Required) of Chapter 17.05 (General Provisions) and as follows:

(1) Condominiums creating four or fewer parcels: tentative parcel map and a parcel map.

(2) Condominiums creating five or more parcels: tentative map and a final map.

(b) Use permits. All condominium projects, regardless of the number of units created, require Planning Commission approval of a use permit in accordance with Chapter 18.435 (Minor Use Permits and Use Permits).

(c) Other permits and approvals. In addition to required subdivision maps, a proposed condominium is subject to the same permit and approval requirements that apply to other proposed projects as required in the applicable zoning district, including but not limited to design and site review and use permit approvals.

(Ord. No. 17-9 (Exh. A))

17.35.040 Review authority.

(a) Tentative maps, use permit, and design review. The Planning Commission shall concurrently review and act on applications including but not limited to tentative map or tentative parcel maps, design and site review, and use permits as required for all condominiums regardless of the number of parcels created.

(b) Parcel maps and final maps. In accordance with Section 17.10.160 (Review authority), the City Engineer shall take action on parcel maps for condominiums creating four or fewer parcels, and the City Council shall take action on final maps for condominiums creating five parcels or more.

(Ord. No. 17-9 (Exh. A))

17.35.050 Application submittal and review.

(a) Subdivision maps. Applications for tentative maps, tentative parcel maps, final maps, and parcel maps for condominiums shall be submitted and reviewed in accordance with Chapter 17.10 (Subdivision Maps).

(b) Use permits and design and site review. Applications for use permits, design and site review, and other approvals when required by the Development Code shall be submitted concurrently with the tentative map or tentative parcel map application in accordance with Development Code requirements. Applications shall include all required fees, information, and materials as specified in the city’s application checklist for the required permits and approvals.

(Ord. No. 17-9 (Exh. A))

17.35.060 City action.

(a) Public notice and hearing. The Planning Commission shall take action on condominium applications at a noticed public hearing in accordance with Chapter 18.500 (Public Hearings).

(b) Findings. The Planning Commission may approve the application only after making all of the following findings:

(1) The proposed condominium is consistent with all applicable requirements of this title.

(2) All findings can be made for approval of the tentative map or tentative parcel map (Section 17.10.080 (City action)) and the permits and approvals as required by the Development Code for the proposed condominium.

(3) The proposed condominium is consistent with the requirements of this title, general plan, any applicable specific plan, any policy or guideline implementing the general plan, the Development Code, and all other applicable provisions of the Municipal Code.

(Ord. No. 17-9 (Exh. A))

17.35.070 Post-decision procedures.

(a) General. Post-decision procedures that apply generally to tentative maps and tentative parcel maps as established in Article I (Tentative Maps and Tentative Parcel Maps) of Chapter 17.10 (Subdivision Maps), including but not limited to map expiration and extensions, amendments to approved maps, and appeals, shall also apply to approved tentative maps and tentative parcel maps for condominiums.

(b) Parcel map or final map. Following city approval of a use permit and tentative map or tentative parcel map for a condominium, the condominium becomes effective only after the city approves a final map or parcel map for the condominium in accordance with Article II (Parcel Maps and Final Maps) of Chapter 17.10 (Subdivision Maps).

(Ord. No. 17-9 (Exh. A))

17.35.080 Standards for condominiums.

(a) Compliance with Development Code. Condominium projects shall conform to all applicable requirements of the Development Code, including, but not limited to:

(1) Development standards (e.g., maximum density, maximum height, minimum setbacks) of the zoning district where the project is located.

(2) Landscaping standards in Chapter 18.165 (Landscaping).

(3) Minimum private and common open space requirements in Section 18.150.100 (Open space and recreational facilities for residential development).

(4) Off-street and minimum guest parking standards in Chapter 18.160 (Parking, Loading, and Access).

(5) Trash and recycling collection area standards in Section 18.150.150 (Solid waste and recycling storage).

(b) Building code. All condominium projects shall comply with the current city-adopted building codes and regulations as established in Title 15 (Buildings and Building Regulations).

(d) Specific to residential condominiums.

(1) Laundry facilities. All units shall be equipped with space and outlets for washers and dryers, unless the Planning Commission approves a common laundry area.

(2) Private storage space. Each unit shall have a minimum of 200 cubic feet with no less than 25 square feet of enclosed weatherproofed and lockable private storage space in addition to clothes, guest, linen, and pantry closets customarily provided in each unit. The space shall be provided in any location approved by the Planning Commission, but may not be divided into two or more locations for each unit.

(e) Condominium associations. A condominium association and/or equivalent maintenance entity shall be created for all condominium projects to ensure proper ongoing maintenance of improvements utilized in common. The association shall be governed by covenants, conditions, and restrictions (CC&Rs) approved by the city in accordance with Section 17.35.110 (Covenants, conditions, and restrictions).

(Ord. No. 17-9 (Exh. A))

17.35.090 Inclusionary housing.

Condominium projects of two or more residential units shall comply with the inclusionary housing requirements in Chapter 18.185 (Affordable Housing).

(Ord. No. 17-9 (Exh. A))

17.35.100 Conditions of approval.

(a) General conditions. In granting a use permit and tentative map or tentative parcel map for a condominium, the Planning Commission may attach conditions as necessary to ensure compliance with the general plan, any applicable specific plan, the Development Code, or other applicable provisions of the Municipal Code.

(b) Standard conditions. In addition to conditions attached in accordance with subsection (a) of this section (General conditions), the following conditions shall apply to Planning Commission approval of a use permit and tentative map or tentative parcel map for all condominiums:

(1) Before the initial meeting of the condominium association, the subdivider shall supply the condominium association with copies of final approved building and site plans which shall show, among other items, the location of major utilities and services, utility easements, and underground wiring.

(2) The subdivider shall make available the following information and documents to all potential and actual buyers of units in the condominium project:

a. The approved budget for maintenance and operation of common facilities, plus reserves, including the estimated monthly costs to the owner of each unit, projected over a five-year period. The budget shall be reviewed or prepared by a professional management firm familiar with costs of similar properties, or by other qualified professional, and that firm or person shall provide a statement of recommendations on the budget, together with a statement of professional qualifications.

b. The covenants, conditions and restrictions (CC&Rs), which must be recorded.

c. The project conditions of approval.

d. Any other information as required by the Planning Commission.

(3) The subdivider shall provide the condominium association the following minimum warranties from the date of final map or parcel map approval, unless otherwise specified:

a. A five-year warranty that all roofs and exterior finishes are sufficient and will be maintained as is necessary to ensure weatherproof conditions.

b. A five-year warranty that moisture barriers are sufficient to prevent collection of moisture on the ground under the buildings.

c. A five-year warranty of a useful life for all paved areas within the project.

d. A five-year warranty of structural soundness of all swimming pools in the project.

e. A one-year warranty at the close of escrow on any fixed appliances appurtenant to each unit.

f. A one-year warranty at such time as escrow has closed on the sale of 51 percent of the units that all appliances and mechanical equipment to be owned in common are in operable working condition. The developer shall be responsible to maintain any appliances and mechanical equipment prior to the time that 51 percent of the units are sold.

(4) The subdivider shall establish the following minimum reserves prior to issuance of the first certificate of occupancy:

a. A fund in the name of the condominium association that shall be earmarked for long-term reserves for capital maintenance replacement, and shall be equal to two times the estimated monthly assessment for each dwelling unit.

b. A fund, through cash deposit or bond, equal to $500.00 for each dwelling unit in the project as minimum security for the various warranties required by the city. Such fund shall be maintained for the maximum period of the warranties.

(Ord. No. 17-9 (Exh. A))

17.35.110 Covenants, conditions, and restrictions.

(a) City review and approval. Covenants, conditions, and restrictions (CC&Rs) shall be submitted to the city and shall be reviewed and approved by the City Attorney prior to city approval of the final map or parcel map.

(b) Required content. The CC&R contents shall include, but not be limited to, pertinent information regarding the conveyance of units and the assignment of parking, an agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for maintenance, and an indication of appropriate responsibilities for maintenance of all improvements and utility systems for each unit.

(c) Conditions of approval and recording. The CC&Rs shall reference by incorporation the approved conditions of approval for the condominium conversion, and shall be recorded in conjunction with the final map or parcel map.

(d) Amendments. CC&R provisions that relate to the approved conditions of approval may not be amended without city approval.

(Ord. No. 17-9 (Exh. A))

Article II. Residential Condominium Conversions

17.35.120 Purpose.

This article establishes regulations for the conversion of existing multifamily rental housing into condominiums. The intent of these regulations is to:

(a) Promote homeownership opportunities and increase the amount of owner-occupied housing affordable to all segments of the community;

(b) Ensure that converted housing achieves a high degree of appearance, safety, quality and is consistent with the goals of the city;

(c) Reduce the impact of conversion on residents in rental housing who may be required to relocate due to the conversion of apartments to condominiums by providing procedures for notification and adequate time and assistance for such relocation;

(d) Provide a reasonable balance of ownership and rental housing and a variety of choices of tenure, type, price, and location of housing; and

(e) Ensure that purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase.

(Ord. No. 17-9 (Exh. A))

17.35.130 Applicability.

This article applies to condominium conversions of existing multifamily developments with rental units.

(Ord. No. 17-9 (Exh. A))

17.35.140 Approvals required.

(a) Subdivision maps. Pursuant to Government Code Section 66426, a condominium conversion is treated as a subdivision subject to this title and the Map Act. As such, a condominium conversion requires city approval of subdivision maps as described in Article III (Maps Required) of Chapter 17.05 (General Provisions) and as follows:

(1) Condominium conversions creating four or fewer parcels: tentative parcel map and a parcel map.

(2) Condominium conversion creating five or more parcels: tentative map and a final map.

(b) Use permit. All condominium conversions require Planning Commission approval of a use permit regardless of the number of units created.

(c) Design and site review. Condominium conversions involving modifications to a site or the exterior of a building may require design and site review in accordance with Chapter 18.415 (Design and Site Review).

(Ord. No. 17-9 (Exh. A))

17.35.150 Review authority.

(a) Tentative parcel maps and tentative maps, use permit, and design review. The Planning Commission shall concurrently review and act on applications including but not limited to a tentative map or tentative parcel map, use permit, and design and site review as required for all condominium conversions regardless of the number of parcels created.

(b) Parcel maps and final maps. In accordance with Section 17.10.160 (Review authority), the City Engineer shall take action on parcel maps for condominium conversions creating four or fewer parcels, and the City Council shall take action on final maps for condominium conversion creating five parcels or more.

(Ord. No. 17-9 (Exh. A))

17.35.160 Application submittal and review.

(a) Subdivision maps. Applications for tentative maps, tentative parcel maps, final maps, and parcel maps for condominium conversions shall be submitted and reviewed in accordance with Chapter 17.10 (Subdivision Maps).

(b) Use permits and design and site review. Applications for use permits, design and site review, and similar applications for condominium conversions shall be submitted concurrently with the tentative map or tentative parcel map application in accordance with Chapters 18.415 (Design and Site Review) and 18.435 (Minor Use Permits and Use Permits). Condominium conversion use permit applications shall include all required fees, information, and materials as specified in the city’s condominium conversion use permit application checklist.

(c) Evaluation of effects on housing stock. In reviewing an application for conversion of existing rental units to condominiums, the city shall consider the following:

(1) The role that the apartment structure plays in the existing housing rental market, including a determination whether the existing apartment complex is serving low and moderate income households as defined in Chapter 17.40 (Glossary). This determination shall be based on:

a. The number of families on current waiting lists for assisted rental housing programs that operate in Concord, such as the Housing Choice Program and assisted rental units.

b. The probable income range of tenants living in existing apartments based on the assumption that households should pay one-third of their income for housing. The city shall compare that income range with existing income limits for very low, low, and moderate income households to determine whether potential displaced tenants can be categorized as low and moderate income.

(2) The extent and nature of demand in Concord and its housing market area for housing to purchase. Any conversion project shall be considered with respect to the segment of the market to which it is offered, and the level of demand in that market segment. The city shall compare the projected prices of units in the conversion project with the range of prices in newly built condominiums, planned unit developments, and single-family houses. Projects that can help meet the home ownership desires of low or moderate income households and other households for which the market is not otherwise making adequate provision shall receive special consideration. Projects that assist in the creation of housing units affordable to low and moderate income households as first time homebuyers shall also be evaluated.

(3) The vacancy rate and turnover rate in multiple-family rental housing in the community, and the extent to which the proposed conversion will create hardships. A conversion may be denied based upon lack of reasonable alternative housing opportunities.

(4) Whether or not the conversion will be detrimental to the retention of low and moderate housing stock or will reduce or significantly alter housing opportunities in Concord for housing of young and elderly residents.

(Ord. No. 17-9 (Exh. A))

17.35.170 City action.

(a) Public notice and hearing. The Planning Commission shall take action on the use permit and tentative map or tentative parcel map application at a noticed public hearing in accordance with Chapter 18.500 (Public Hearings).

(b) Findings. The Planning Commission may approve the use permit and tentative map or tentative parcel map for the condominium conversion only after making all of the following findings:

(1) All findings can be made for approval of the tentative map or tentative parcel map (Section 17.10.080 (City action)) and the use permit (Section 18.435.060 (Findings and decision)).

(2) The proposed conversion is consistent with the requirements of this title, the general plan, any applicable specific plan, any policy or guideline implementing the general plan, the Development Code, and all other applicable provisions of the Municipal Code.

(3) If the property does not comply with one or more Development Code standards, the Planning Commission can make all the findings specified in Section 17.35.200(c) (Findings).

(4) The proposed conversion will not have an adverse effect on the diversity of housing types available in Concord, including housing for young and elderly residents.

(5) The proposed conversion will not significantly reduce the supply of housing affordable for low and moderate income households.

(6) The proposed conversion will not displace a significant percentage of tenants and remove low and moderate income rental units at a time when no equivalent housing is readily available in Concord.

(7) The amount and impact of the displacement of tenants will not have a detrimental effect on the health, safety or general welfare of the community.

(8) The proposed conversion complies with the city’s five percent conversion limitation as described in Section 17.35.250 (Annual limitation on residential condominium conversions).

(9) Vacancies in the project have not been increased for the purpose of preparing the project for conversion.

(c) Limitations. Pursuant to Government Code Section 66427, the city may not deny a condominium conversion application for a project that complies with the Municipal Code due to:

(1) The design or location of buildings subject to conversion; or

(2) The manner in which the air space is to be divided in conveying units within the condominium.

(Ord. No. 17-9 (Exh. A))

17.35.180 Post-decision procedures.

(b) Application materials. Application materials as required by Section 17.35.160 (Application submittal and review) shall remain on file with the Planning Division for public review for no less than five years following city action on the proposed conversion.

(c) Parcel map or final map. Following city approval of a use permit and tentative map or tentative parcel map for a condominium conversion, the conversion becomes officially valid and goes into effect only after the city approves a final map or parcel map for the conversion in accordance with Article II (Parcel Maps and Final Maps) of Chapter 17.10 (Subdivision Maps).

(Ord. No. 17-9 (Exh. A))

17.35.190 Standards for condominium conversions.

The following standards apply to all residential condominium conversions. These standards shall be satisfied, or security provided in a form approved by the City Attorney, before the final map or parcel map is approved.

(a) Compliance with Development Code. Except as allowed by Section 17.35.200 (Exceptions to development standards), a condominium conversion project shall conform to all applicable requirements of the Development Code, including, but not limited to:

(1) Development standards (e.g., maximum density, maximum height, minimum setbacks) of the zoning district where the project is located.

(2) Landscaping standards in Chapter 18.165 (Landscaping).

(3) Minimum private and common open space requirements in Section 18.150.100 (Open space and recreational facilities for residential development).

(4) Bicycle parking in Section 18.160.120 (Bicycle parking).

(5) Off-street and minimum guest parking standards in Chapter 18.160 (Parking, Loading, and Access).

(6) Trash and recycling collection area standards in Section 18.150.150 (Solid waste and recycling storage).

(b) Repairs and improvements. Repairs and improvements shall be made to every structure and facility within the condominium conversion to achieve a high degree of appearance, quality, and safety as specified in the physical elements report for the condominium conversion approved by the city.

(c) Condominium associations. A condominium association and/or equivalent maintenance entity shall be created for all condominium conversions to ensure proper ongoing maintenance of improvements utilized in common. The association shall be governed by covenants, conditions, and restrictions (CC&Rs) approved by the city in accordance with Section 17.35.240 (Covenants, conditions and restrictions (CC&Rs)).

(d) Laundry facilities. All units shall be equipped with space and outlets for washers and dryers, unless the Planning Commission approves a common laundry area.

(e) Private storage space. Each unit shall have a minimum of 200 cubic feet with no less than 25 square feet of enclosed weatherproofed and lockable private storage space in addition to clothes, guest, linen, and pantry closets customarily provided in each unit. The space shall be provided in any location approved by the Planning Commission, but may not be divided into two or more locations for each unit.

(f) Utilities. All utility meters and other utility apparatus shall be concealed from public view.

(Ord. No. 17-9 (Exh. A))

17.35.200 Exceptions to development standards.

(a) Permitted exceptions. The Planning Commission may allow the condominium conversion of an existing multifamily development that does not comply with the following Development Code standards:

(1) Physical standards for the applicable zoning district, including standards for density, floor area ratio, lot area and dimensions, lot coverage, building height, and setbacks.

(2) Off-street parking requirements in Chapter 18.160 (Parking, Loading, and Access).

(3) Landscaping requirements in Chapter 18.165 (Landscaping).

(4) Other similar physical development standards in the Development Code as determined by the Planning Commission.

(b) Prohibited exceptions. The Planning Commission may not allow a condominium conversion of an existing multifamily development that conflicts with the following Development Code standards:

(1) Permitted land use (e.g., to allow a multifamily use in a zoning district where the Development Code does not allow multifamily use).

(2) Minimum open space requirement for the applicable zoning district as established in the Development Code.

(3) Any standard required by the general plan.

(4) Any requirement of the current city-adopted building codes and regulations as established in Title 15 (Buildings and Building Regulations).

(c) Findings. In addition to the general findings for condominium conversions in Section 17.35.170(b) (Findings), the Planning Commission may approve a condominium conversion of an existing multifamily development that does not comply with the Development Code standards specified in subsection (a) of this section (Permitted exceptions) only after making all of the following findings:

(1) Available evidence indicates that the nonconformity was legally established.

(2) The nonconformity has not resulted in a notable negative impact or nuisance to the surrounding area.

(3) The nonconformity is compatible with the general character of the surrounding area.

(4) The nonconformity is consistent with the purpose and intent of the applicable zoning district.

(5) The nonconformity has been brought into compliance with the Development Code to the greatest extent possible.

(Ord. No. 17-9 (Exh. A))

17.35.210 Inclusionary housing.

Condominium conversions of two or more residential units shall comply with the inclusionary housing requirements in Chapter 18.185 (Affordable Housing).

(Ord. No. 17-9 (Exh. A))

17.35.220 Tenant provisions.

(a) Notice of intention.

(1) At least 60 days before submitting an application for a tentative map or tentative parcel map, the subdivider shall give notice of the intention to convert to each tenant and prospective tenant in accordance with Government Code Sections 66452.8 and 66452.9.

(2) Evidence of receipt of the notice by each tenant and prospective tenant shall be submitted with the use permit and tentative map or tentative parcel map application for the condominium conversion.

(3) After approval of the use permit and tentative map or tentative parcel map, each tenant shall receive 180 days written notice of intent to convert prior to termination of tenancy due to the conversion.

(b) Tenant’s right to purchase.

(1) As provided in Government Code Sections 66427.1(d) and 66459, each tenant shall receive a nontransferable right of first refusal to purchase the unit.

(2) The right of first refusal shall extend for 90 days from the date of issuance of the subdivision public report or the beginning of sales, whichever is later.

(3) Tenants shall receive discounts in an amount equal to at least seven percent of the price at which the market-rate unit will be offered to the public.

(4) An additional discount shall be given if the tenant chooses to buy the unit in existing condition, which amount shall be based on costs of improvements which would otherwise be made in order to offer the unit on the open market.

(1) Relocation and assistance plan.

a. The subdivider shall submit a tenant relocation and assistance plan with the use permit and tentative map or tentative parcel map application for the condominium conversion.

b. The plan shall include the information consistent with the State of California Relocation Assistance Act (Government Code Sections 7260 through 7277) and the Federal Uniform Relocation Assistance and Real Property Policies for Federal and Federally Assisted Programs Act (United States Code Title 42, Chapter 61) as well as those additional provisions in subsections (c)(2) to (5) of this section.

(2) Rent freeze.

a. Upon notification of intent to convert, the then-current rents shall remain in effect for up to 12 months or until the conversion process has been completed or terminated.

b. If approval of the tentative map or tentative parcel map is still pending at the end of 12 months, the freeze shall apply for another 12 months, allowing for an increase based on the rental component of the Consumer Price Index.

c. During such period as any rent freeze is in effect, 30-day eviction notices shall be issued only where a clear breach of the rental agreement exists.

(3) Moving allowance.

a. Persons who are tenants at the time of the initial notice to convert the project shall be offered a minimum moving allowance of two times the monthly rent in effect at the time the tenant elects to move.

b. Such allowance shall be payable only after city approval of the use permit and tentative map or tentative parcel map. Payment to the tenant shall be within 14 days after the tenant vacates the premises.

(4) Extended leases. Tenants who have been displaced from previous conversions of apartments to condominiums in Concord during the last five years shall be offered a three-year lease from the date of the initial offering of units for sale to the public.

(5) Other tenant situations. Any nonpurchasing tenant who is handicapped or has minor children in school or is age 60 or older, living in any unit prior to the time a completed use permit and tentative map or tentative parcel map application has been accepted as complete by the city shall be given at least six months in which to find suitable replacement housing.

(d) Remodeling. No remodeling planned as part of the conversion shall be performed in a unit still occupied by a nonpurchasing tenant, without prior written permission from the tenant.

(e) Notification of approved conversion. The subdivider shall provide written notification to current tenants of approved conversion within 10 days after approval of a final map or parcel map.

(Ord. No. 17-9 (Exh. A))

17.35.230 Conditions of approval.

(a) General conditions. In granting a use permit and tentative map or tentative parcel map for a condominium conversion, the Planning Commission may attach conditions of approval as necessary to ensure compliance with the general plan, any applicable specific plan, the Development Code, or other applicable provisions of the Municipal Code.

(b) Standard conditions. In addition to conditions of approval attached in accordance with subsection (a) of this section (General conditions), the following conditions shall apply to Planning Commission approval of a use permit and tentative map or tentative parcel map for all condominium conversions:

(1) All units shall be brought into compliance with all requirements of this article prior to certificate of occupancy, and shall be duly inspected by the city to ensure compliance.

(2) All locks shall be changed so that no master key or other keys previously used will allow entry into any unit of the project after conversion prior to the issuance of the certificate of occupancy.

(3) All units shall be provided with separate gas and electric meters and provision made for individual shutoff valves, and all units shall be provided with separate water shutoff valves. There may be a master valve for each unit, or separate valves for each fixture in the unit.

(4) Before the initial meeting of the condominium association, the subdivider shall supply the condominium association with copies of final approved building and site plans which shall show, among other items, the location of major utilities and services, utility easements, and underground wiring.

(5) The subdivider shall make available the following information and documents to all potential and actual buyers of units in the condominium project:

b. The physical elements report and sound transmission control details submitted as part of the condominium conversion application.

c. The conditions, covenants and restrictions (CC&Rs).

d. The project conditions of approval.

e. Any other information as required by the Planning Commission.

(6) The subdivider shall provide to the condominium association the following minimum warranties from the date of final or parcel map approval, unless otherwise specified:

a. A five-year warranty that all roofs and exterior finishes are sufficient and will be maintained as is necessary to ensure weatherproof conditions.

b. A five-year warranty that moisture barriers are sufficient to prevent collection of moisture on the ground under the buildings.

c. A five-year warranty of a useful life for all paved areas within the project.

d. A five-year warranty of structural soundness of all swimming pools in the project.

e. A one-year warranty at the close of escrow on any fixed appliances appurtenant to each unit.

(7) The subdivider shall establish the following minimum reserves prior to issuance of the first certificate of occupancy:

(8) The subdivider shall provide evidence that all tenant notification requirements have been or will be satisfied pursuant to Government Code Section 66427.1.

(Ord. No. 17-9 (Exh. A))

17.35.240 Covenants, conditions and restrictions (CC&Rs).

(b) Required content. The CC&Rs shall include all content required by Section 17.35.110 (Covenants, conditions, and restrictions) for new residential condominiums.

(d) Amendments. CC&R provisions that relate to the approved conditions of approval may not be amended without city approval.

(Ord. No. 17-9 (Exh. A))

17.35.250 Annual limitation on residential condominium conversions.

(a) Maximum number. Each calendar year the number of condominium conversions approved by the city may not exceed five percent of the total rental units in development of four or more units existing at the beginning of the calendar year within the city.

(b) Calculation of rental units.

(1) The Department shall calculate the number of existing rental units in development of four or more units based on the city’s multiple housing inspection program inventory of multiple-family units.

(2) For the purposes of this article, rented units in condominium projects shall not be counted as rental units.

(3) A unit approved for conversion to a condominium shall not be considered part of the total rental units for subsequent years regardless of whether the unit is owner-occupied or rented unless the time for filing of a final map or parcel map has expired without the filing of such map.

(4) The determination of the number of total rental units by the Department shall be final and conclusive in the absence of fraud.

(c) Rejection of application. The Department shall not accept for processing a condominium conversion application which, if approved and added to the number of other units already approved that year for conversion, would exceed the five percent limitation established in subsection (a) of this section.

(d) Pending applications. Any pending application for a condominium conversion which, if approved and added to the number of other units already approved that year for conversion, would exceed the five percent limitation established in subsection (a) of this section (Maximum number), shall be:

(1) Reduced by the applicant to a number of units that does not exceed the five percent limitation;

(2) Withdrawn by the applicant; or

(3) Denied by the Planning Commission without consideration of the merits of the proposal and not be reconsidered except upon a new application in the subsequent year.

(Ord. No. 17-9 (Exh. A))

Article III. Nonresidential Condominium Conversions

17.35.260 Purpose.

This article establishes regulations for the conversion of existing nonresidential properties into condominiums. The intent of these regulations is to:

(a) Promote increased ownership opportunities for small businesses in Concord;

(b) Maintain the long-term economic value of nonresidential condominium properties;

(d) Ensure that converted nonresidential units achieve a high degree of appearance, safety, and quality and are consistent with the goals of the city;

(e) Establish a clear city review process and criteria for approval of nonresidential condominium conversions;

(f) Reduce the impact of conversion on tenants who may be required to relocate due to conversions by providing procedures for notification and adequate time for relocation; and

(g) Ensure that purchasers of converted nonresidential units have been properly informed as to the physical condition of the structure that is offered for purchase.

(Ord. No. 17-9 (Exh. A))

17.35.270 Applicability.

This article applies to the conversion of a nonresidential building to a condominium or similar type of common interest form of ownership.

(Ord. No. 17-9 (Exh. A))

17.35.280 Approvals required.

(a) Subdivision maps. Pursuant to Government Code Section 66426, a nonresidential condominium conversion is treated as a subdivision subject to this title and the Map Act. As such, a condominium conversion requires city approval of subdivision maps as described in Article III (Maps Required) of Chapter 17.05 (General Provisions) and as follows:

(1) Condominium conversions creating four or fewer parcels: tentative parcel map and a parcel map.

(2) Condominium conversion creating five or more parcels: tentative map and a final map.

(b) Use permit. All condominium conversions require Planning Commission approval of a use permit regardless of the number of parcels created.

(Ord. No. 17-9 (Exh. A))

17.35.290 Review authority.

(a) Tentative parcel maps and tentative maps, use permit, and design review. The Planning Commission shall concurrently review and act on applications including but not limited to a tentative map or tentative parcel map, use permit, and design review as required for all condominium conversions regardless of the number of parcels created.

(Ord. No. 17-9 (Exh. A))

17.35.300 Application submittal and review.

(Ord. No. 17-9 (Exh. A))

17.35.310 City action.

(b) Findings. The Planning Commission may approve the use permit and tentative map or tentative parcel map for the condominium conversion only after making all of the following findings:

(1) All findings can be made for approval of the tentative map or tentative parcel map (Section 17.10.080 (City action)) and the use permit (Section 18.435.060 (Findings and decision)).

(2) The proposed conversion is consistent with the requirements of this title, general plan, any applicable specific plan, any policy or guideline implementing the general plan, the Development Code, and all other applicable provisions of the Municipal Code.

(3) If the property does not comply with one or more Development Code standards, the Planning Commission can make all the findings specified in Section 17.35.350(c) (Findings).

(4) The overall design and physical condition of the condominium conversion will achieve a high standard of appearance, quality, useful life, and safety.

(5) The quality of architecture, construction, and other design features of converted units are substantially equal to new condominium units or comparable tenant space.

(6) Each tenant and each prospective tenant has, or will have, received all applicable notices and rights required by this division or by applicable state law.

(7) The amount and impact of the displacement of tenants resulting from the conversion will not have a detrimental effect on the health, safety, or general welfare of the community.

(Ord. No. 17-9 (Exh. A))

17.35.320 Conditions of approval.

In granting a use permit and tentative map or tentative parcel map for a condominium conversion, the Planning Commission may attach conditions as necessary to ensure compliance with the general plan, any applicable specific plan, the Development Code, or other applicable provisions of the Municipal Code.

(Ord. No. 17-9 (Exh. A))

17.35.330 Post-decision procedures.

(b) Parcel map or final map. Following city approval of a use permit and tentative map or tentative parcel map for a condominium conversion, the conversion becomes effective only after the city approves a final map or parcel map for the conversion in accordance with Article II (Parcel Maps and Final Maps) of Chapter 17.10 (Subdivision Maps).

(Ord. No. 17-9 (Exh. A))

17.35.340 Standards for condominium conversions.

The following standards apply to all nonresidential condominium conversions. These standards shall be satisfied, or security provided in a form approved by the City Attorney, before the final map or parcel map is approved.

(a) Compliance with Development Code. Except as allowed by Section 17.35.350 (Exceptions to development standards), a nonresidential condominium conversion project shall conform to all applicable requirements of the Development Code, including, but not limited to:

(1) Development standards (e.g., maximum floor area ratio, maximum height, minimum setbacks) of the zoning district where the project is located.

(2) Landscaping standards in Chapter 18.165 (Landscaping).

(3) Sign standards in Chapter 18.180 (Signs).

(4) Off-street parking and loading standards in Chapter 18.160 (Parking, Loading, and Access).

(5) Trash and recycling collection area standards in Section 18.150.150 (Solid waste and recycling storage).

(b) Building code. All condominium conversions shall comply with the current city-adopted building codes and regulations as established in Title 15 (Buildings and Building Regulations).

(c) Retail parking. For condominium conversion of retail centers, customer parking areas must be common space available to all retail customers. Parking areas shall be controlled and maintained by a property owners’ association and/or equivalent maintenance entity.

(d) Utilities.

(1) All utility meters and other utility apparatus shall be concealed from public view.

(2) Electric and gas meters shall be provided to serve each individual unit in accordance with rules of the servicing utility on file with the California Public Utilities Commission and in effect on the date the application for conversion is accepted for filing by the city.

(Ord. No. 17-9 (Exh. A))

17.35.350 Exceptions to development standards.

(a) Permitted exceptions. The Planning Commission may allow the condominium conversion of an existing nonresidential development that does not comply with the following Development Code standards:

(1) Physical standards for the applicable zoning district, including standards for density, floor area ratio, lot area and dimensions, lot coverage, building height, and setbacks.

(2) Off-street parking requirements in Chapter 18.160 (Parking, Loading, and Access).

(3) Landscaping requirements in Chapter 18.165 (Landscaping).

(4) Other similar physical development standards in the Development Code as determined by the Planning Commission.

(b) Prohibited exceptions. The Planning Commission may not allow a condominium conversions of an existing development that conflicts with the following Development Code standards:

(1) Permitted land use (e.g., to allow an office use in a zoning district where the Development Code does not allow office uses).

(2) Any standard required by the general plan.

(3) Any requirement of the current city-adopted building codes and regulations as established in Title 15 (Buildings and Building Regulations).

(c) Findings. In addition to the general findings for condominium conversions in Section 17.35.170(b) (Findings), the Planning Commission may approve a condominium conversion of an existing development that does not comply with the Development Code standards specified in subsection (a) of this section (Permitted exceptions) only after making all of the following findings:

(1) Available evidence indicates that the nonconformity was legally established.

(2) The nonconformity has not resulted in a notable negative impact or nuisance to the surrounding area.

(3) The nonconformity is compatible with the general character of the surrounding area.

(4) The nonconformity is consistent with the purpose and intent of the applicable zoning district.

(5) The nonconformity has been brought into compliance with the Development Code to the greatest extent possible.

(Ord. No. 17-9 (Exh. A))

17.35.360 Covenants, conditions and restrictions (CC&Rs).

(b) Required content. The CC&Rs shall include all content required by Section 17.35.110 (Covenants, conditions, and restrictions) for new nonresidential condominiums.

(d) Amendments. CC&R provisions that relate to the approved conditions of approval may not be amended without city approval.

(Ord. No. 17-9 (Exh. A))

17.35.370 Tenant notification.

(a) At least 60 days before submitting an application for a tentative map or tentative parcel map, the subdivider shall give notice of the intention to convert to each tenant and prospective tenant in accordance with Government Code Sections 66452.8 and 66452.9.

(b) Evidence of receipt of the notice by each tenant and prospective tenant shall be submitted with the use permit and tentative map or tentative parcel map application for the condominium conversion.

(c) After approval of the use permit and tentative map or tentative parcel map, each tenant shall receive 180 days’ written notice of intent to convert prior to termination of tenancy due to the conversion.

(Ord. No. 17-9 (Exh. A))