Chapter 15.34
CONDOMINIUMS
Sections:
15.34.020 Additional requirements and procedures.
15.34.030 Planning commission and council action.
15.34.035 Administrative action for urban lot split projects.
15.34.040 Covenants, conditions and restrictions.
15.34.050 Conditions to final map approval.
15.34.010 Definitions.
(a) "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial or commercial building on such real property. A condominium may include a separate interest in other portions of such real property.
(b) "Proposed condominium" refers in this chapter to condominiums in which the unit(s) are not as yet constructed.
(c) "Condominium conversion" refers in this chapter to condominiums in which the existing unit(s) are being used as single or multiple family residences.
(d) Unless otherwise specified, "condominium" includes both "proposed condominiums" and "condominium conversions."
(e) Each unit in a condominium subdivision shall be considered as a parcel of land. A parcel consisting of common area only shall not be so defined.
(f) "Director" means the community development director of the city or his designated alternate.
(g) A condominium project, as the same is defined in Civil Code Section 1350, which is divided into five or more condominium units shall be subject to the requirements and procedures applicable to subdivisions as generally set forth in Chapters 15.20 and 15.24, and any additional requirements and procedures set forth in this title.
(h) A condominium project, as defined in Civil Code Section 1350, which is divided into four or less condominium units shall be subject to the requirements and procedures applicable to minor subdivisions as generally set forth in Chapter 15.28, and any additional requirements and procedures set forth in this title.
(i) "Division of land," as used in this title, includes in its meaning the division of air space into condominium units.
(j) All other terms in this chapter shall have the same definitions as set forth in the applicable state law relative to the subdivision of land and defined in other chapters of this title, unless otherwise specifically defined in this chapter. Where applicable, the provisions of Title 15 of the Menlo Park Municipal Code and the State Map Act shall govern all applications hereunder. (Ord. 604 § 1, 1976; Ord. 568 Art. I (part), 1974).
15.34.020 Additional requirements and procedures.
(a) The initial action in connection with the making of any condominium subdivision shall be the preparation of a tentative map or parcel map, which shall include or be accompanied by the following data, as well as otherwise complying with this title:
(1) The estimated square footage of each unit and number of rooms in each unit;
(2) The general layout of all common areas;
(3) The general layout and location of all storage space outside of each unit;
(4) The general layout and location of all facilities and amenities provided within the common area for the enjoyment and use of the unit owners;
(5) The general layout of all parking spaces;
(6) A copy of the applicant’s proposed application for a subdivision permit in the event it is required to be issued by the Department of Real Estate of the state;
(7) The proposed sale price of each unit, and the terms of any proposed bonus or discount to initial purchasers or present resident;
(8) A word description of all common areas, facilities, and amenities which are provided for the enjoyment and use of the unit owners;
(9) A statement of the developer’s anticipations regarding the financing of the units upon sale, whether the project will involve prearranged financing, whether such financing will be federally insured, proposed down payments, proposed monthly maintenance charge for each unit;
(10) Proposed public areas to be dedicated, or scenic easements proposed, or land or money in lieu of land to be given for recreational areas as provided in Business and Professions Code Section 11546;
(11) Tree and landscaping removal or planting proposed;
(12) A copy of the proposed covenant, condition and restrictions affecting owners of the dwelling units, as provided in Civil Code Section 1355.
(b) In a conversion, the application shall furthermore provide:
(1) A report in content and in form satisfactory to the city engineer showing the extent to which the proposed condominium conversion will not comply fully with the building code and zoning ordinance of the city existing as of the date of the application, and also as of the date of issuance of the building permit for the construction of the building;
(2) A report in content and form satisfactory to the city engineer concerning the structural condition of all buildings and structures on the property existing as determined by a qualified civil or structural engineer, with specific reference to the extent to which any condition existing in such structure is unsafe or dangerous; and
(3) Applicant’s proposed program to accommodate tenants of units sought to be converted with specific reference to relocation assistance, availability of substitute accommodations, notice of termination of tenancy, giving tenants one hundred twenty days’ notice to vacate units, increase in rent during the period between the date of application and the date of approval or disapproval of the final map to be limited to the increase in the Bureau of Labor Statistics retail price index for San Francisco-Oakland (all items) from the date of application to the date of increase, and a statement that tenants, as of date of the application filed, have a preemptive right to purchase a unit, with such right being irrevocable for ninety days after recordation of final map, together with a representation by the applicant that each tenant has been notified of the fact that the application has been made. (Ord. 604 § 2, 1976: Ord. 568 Art. I (part), 1974).
15.34.030 Planning commission and council action.
(a) An application for condominium conversion shall not be granted or conditionally granted unless the planning commission, or City Council determines that the conversion is consistent with the public health, safety and welfare, and with the city’s comprehensive plan and the housing element thereof. In making such determination, the planning commission or the
City Council may consider such factors relevant to public health, safety or welfare as appear in each particular case.
(b) A proposed condominium may be approved, disapproved, or conditionally approved by the planning commission or the City Council. If the planning commission or City Council determines that the tentative map meets all existing building codes and zoning ordinances, complies with the city’s comprehensive plan, and the housing element thereof, and this chapter, and complies with the Subdivision Map Act, then approval shall be granted. (Ord. 568 Art. I (part), 1974).
15.34.035 Administrative action for urban lot split projects.
(a) Two (2) unit housing developments approved under Chapter 16.77 may be subdivided into condominium units; provided, that there may not be more than two (2) condominium units per parcel. The condominium subdivision may be approved administratively by the director of public works or their designee without the approval of the city council or planning commission.
(b) A proposed condominium may be approved, disapproved, or conditionally approved by the director of public works or their designee. If the director of public works or their designee determines that the parcel map meets all existing building codes and zoning ordinances, complies with the city’s general plan, and the housing element thereof, and this chapter, and complies with the Subdivision Map Act, then approval shall be granted. (Ord. 1096 § 5, 2023).
15.34.040 Covenants, conditions and restrictions.
(a) Each condominium subdivision and minor subdivision shall be required to have a declaration of restrictions which may provide, among other things, those powers, duties, rights and obligations set forth in Civil Code Section 1355, and such declaration shall meet the reasonable requirements of the city attorney.
(b) The terms of the declaration of restrictions shall inure to the benefit of the city, shall be enforceable by the city, whether or not the declaration expressly provides therefor, and shall contain a fair housing element. (Ord. 568 Art. I (part), 1974).
15.34.050 Conditions to final map approval.
Each condominium conversion shall meet the following requirement prior to recordation of the final map or final parcel map, unless the director elects to take an agreement to perform such requirements:
That each building converted to a condominium meet all current parking requirements for new construction and be refurbished and restored to meet building codes applicable at the time the building was constructed insofar as the council deems feasible, together with any other structural or mechanical changes reasonably required to adequately protect the public health, safety and welfare. (Ord. 604 § 3, 1976: Ord. 568 Art. I (part), 1974).