Chapter 17.54
COMMERCIAL CONDOMINIUM CONVERSIONS
Sections:
17.54.010 Purpose.
17.54.020 Definitions.
17.54.030 Application requirements.
17.54.040 Procedures.
17.54.050 Standards.
17.54.060 Findings.
17.54.010 Purpose.
Commercial condominium projects differ from other commercial subdivisions in numerous respects, particularly as to development standards and ownership of individual units and jointly held common areas. The purpose of this chapter is to address the special attributes of condominium conversions and to adopt development standards which will protect both the community and the purchasers of condominium units. This chapter applies to commercial and industrial condominium conversions. (Govt. Code § 66427.) (Ord. 821 § 8, 2007)
17.54.020 Definitions.
In this chapter, terms have the meaning set forth in PHMC Chapter 17.10, Definitions. In particular, see the definitions for association, condominium, commercial condominium, conversion, declaration and department. (Ord. 821 § 8, 2007)
17.54.030 Application requirements.
In addition to the other subdivision requirements and procedures, a conversion is subject to the requirements in this chapter. An application for approval of a tentative map for the commercial condominium subdivision shall be accompanied by the following items:
A. Physical elements report. A report on the physical element of each structure and facility, which shall include, but not be limited to, the following:
1. A report detailing the structural condition of each element of the property, including foundation, electrical, plumbing, utilities, walls, ceilings, windows, recreational facilities, sound transmission of each building, mechanical equipment, parking facilities, and appliances. Regarding each element, the report shall state, to the best knowledge or estimate of the applicant, when the element was constructed or installed; when the element was last replaced; the approximate date upon which the element will require replacement; the cost of replacing the element; and any variation of the physical condition of the element from the zoning and building code in effect on the date that the last building permit was issued for the structure. The report shall identify each known defective or unsafe element and set forth the proposed corrective measures to be employed;
2. A report from a licensed structural pest control operator, approved by the city, on each structure and each unit within the structure;
3. A report on the condition of the common area improvements, including landscaping, lighting, utilities and streets;
4. A report on any known soil and geological conditions regarding soil deposits, rock formation, faults, groundwater, and landslides in the vicinity of the project, and a statement regarding any known evidence of soils problems relating to the structure. Reference shall be made to any previous soils report for the site and a copy submitted with the report; and
5. A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve a high degree of appearance, quality and safety.
B. Notice to tenants. Evidence of written notice provided to each tenant explaining that the owner intends to apply to the city for a condominium conversion, and advising the tenants that the city will notify the tenants before any hearing is held on the application. The notice to tenants must be sent at least six months before the application is submitted to the city, and further notice must be given to any tenant who occupies the building after the original notice was sent.
C. Plot plan and description. A plot plan and description of the project, including:
1. The location and sizes of existing and proposed structures, including the square footage of each building and each unit;
2. Type of business for each existing tenant;
3. Parking layout and access areas, including total number of parking spaces (identifying compact spaces) and loading spaces;
4. Landscaping, including percentage of total site landscaped;
5. A proposal for allocation of signage, based on the sign requirements of PHMC Chapter 18.60 and any existing master sign program;
6. In the RB and LI zoning districts, a plan showing units that are designated to have office uses as an option. In those districts, the total square footage of office space may not exceed 25% without a use permit, under PHMC § 18.25.020;
7. Sewer, water and storm drains; and
8. Any other information required by the department.
D. Proposed declaration. A proposed declaration, as required by California Civil Code section 1353. The declaration shall include an agreement forming a condominium association; and providing for common area maintenance, a clear designation of parking and signage rights, and a method for resolving differences. The declaration shall include a provision substantially as follows:
The City of Pleasant Hill Municipal Code, Title 18, Planning and Land Use, regulates (1) the uses of property and required parking and (2) allowable signage. No assigned parking is allowed. If a Master Sign Program does not currently exist for the property, the property owners must apply for and obtain a master sign permit under PHMC sec. 18.60.080 before a permanent sign is placed, and any changes must be consistent with the master sign permit. The City has the right to enforce violations of its Municipal Code or conditions for this condominium project against all property owners. This provision may not be modified without the written consent of the city.
The city has the right to review and approve the final declaration to ensure that (1) the appropriate conditions of approval are included in them, and (2) those provisions reflecting the city’s conditions may not be amended without city approval.
(Ord. 821 § 8, 2007)
17.54.040 Procedures.
A. Subdivision procedures. Under Government Code section 66426, a condominium conversion is treated as a subdivision subject to the provisions of the State Map Act and this title. The planning commission has the authority to approve, conditionally approve or deny a tentative map for a condominium conversion of any size. (PHMC § 17.15.020.)
B. Acceptance of reports – Copy to buyers. The final form of the reports and other documents required under PHMC § 17.54.030 shall be as approved by the city. The reports in their accepted form shall remain on file with the department for review by the public. The subdivider shall provide each purchaser with a copy of the reports (in their final, accepted form).
C. Inspection and fees. Before submitting the final map, the owner shall request that an inspection of the premises be made by the department for conformance to PHMC § 17.54.050. A project inspection shall be made by the building official, the zoning administrator and the city engineer. The inspection shall include structures, common areas, site improvements, public improvements and other related facilities. A deficiency list shall be compiled during the inspection of all corrections required to conform to the requirements of this section, PHMC § 17.54.050 and other code requirements.
When the final inspection is complete, a copy of the deficiency list shall be transmitted to the subdivider. All deficiencies must be corrected to the satisfaction of the city before filing of the final map or parcel map. When plans for corrective work are required, they shall be as approved by the appropriate city official listed above before filing of the final map or parcel map.
The city shall charge the usual fees, if applicable, or an hourly fee (estimated actual hourly cost to the city) for the inspection and processing. The owner shall post a cash deposit in an amount equal to the estimated cost of inspection. The deposit will be applied towards the inspection fee with any refund or balance due to be resolved before the approval of the final map by the city council. Any balance due shall be paid before recordation of the final map. (Ord. 821 § 8, 2007)
17.54.050 Standards.
The following standards apply to a condominium conversion. These standards must be satisfied, or security provided in a form approved by the city attorney, before the final map or parcel map is approved.
A. Building regulations. The project shall conform to the applicable standards of the city building code in effect at the time the last building permit was issued.
B. Fire prevention.
1. Fire warning systems. Each unit shall be provided with a fire warning system conforming to the city building code standards in type and locations.
2. Maintenance of fire protection systems. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protective appliances shall be retained in an operable condition at all times.
C. Sound transmission.
1. Vibration transmission. All permanent mechanical equipment (such as motors, compressors, pumps and compactors) which is determined by the building official to be a source of structural vibration or structural-borne noise shall be vibration isolated with inertia blocks or bases or vibration isolator springs in a manner approved by the building official.
2. Noise standards. The structures shall conform to all interior and exterior sound transmission standards of the city building code. Where present standards cannot reasonably be met, the city council may require the applicant to notify potential buyers of the noise deficiency currently within the unit.
D. Utility metering. Each unit shall be separately metered for gas, electricity and water, unless the declaration provides for the association to take responsibility for these.
E. Landscaping. Landscaping shall be provided in accordance with the zoning ordinance as provided in Schedule 18.25.030. In addition, a continuous planting area having at least a minimum width of five feet and at least five trees per 100 linear feet shall be provided along interior property lines adjoining an R district. If the subdivider can demonstrate that this standard cannot reasonably be met, the city council may modify this standard if it finds that: (1) strict compliance is not feasible because of the physical constraints of the existing site or building; and (2) the modification will not have a detrimental effect on the site or surrounding properties.
All landscaping shall be restored or new landscaping shall be installed to achieve a high degree of appearance and quality. Provisions shall be made in the declaration for continuing maintenance of all landscaped areas. Existing landscaping is subject to review and approval by the department. If new landscaping is proposed, the design of all landscaping is subject to review and approval of the architectural review commission. The property owner shall be required to enter into and record a landscape maintenance agreement.
F. Parking. Off-street parking shall be provided as required by PHMC Chapter 18.55 for commercial and industrial projects.
G. Screening of mechanical units. Screening of mechanical units and utility meters shall be provided as required by the zoning ordinance (PHMC § 18.50.090).
H. Refuse storage areas. Refuse storage areas shall be screened on all sides by a six-foot high solid wood or masonry wall, or located within a building.
I. Refurbishing and restoration. Each main building, structure, fence, accessory building, sidewalk, driveway, landscaped area, utilities, and additional element as required by the department shall be refurbished and restored as necessary to achieve a high degree of appearance, quality and safety. The refurbishing and restoration is subject to review and approval by the city.
J. Reserves for capital maintenance replacement. Before approval of the final map, the subdivider shall provide to the zoning administrator evidence of (1) the establishment of a fund in the name of the condominium association, and (2) a reserve study showing the amount which must be set aside monthly for the reserve account. The funds shall be earmarked for long-term reserves for capital and maintenance replacement. (Ord. 821 § 8, 2007)
17.54.060 Findings.
The planning commission may not approve an application for commercial condominium conversion unless it finds in the approving resolution that the proposed conversion:
A. Conforms to the requirements of this title;
B. Is consistent with the Pleasant Hill general plan and PHMC Title 18, Planning and Land Use. (Ord. 821 § 8, 2007)