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HomeMy WebLinkAboutOrd 692-1975 ORDINANCE NO.692-75 AN ORDINANCE AMENDING ORDINANCE N0.603 ENII/LED "SUBDIVISION ORDINANCE OF THE CIIY OF SOUIH SAN FRANCISCO" ADOPIED FEBRUARY 2,1970, AS AMENDED, ADDING SECTIONS 2.26 - 2.31 AND 8.03 ESlABLISH- ING CONDOMINIUM REGULATIONS /HE CITY COUNCIL OF /HE CIIY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT OF ORDINANCE NO. 603. Ordinance No. 603 entitled "Subdivision Ordinance of the City of South San Francisco" adopted February 2,1970, as Amended, which is hereinafter referred to as Ordinance No. 603, is hereby further amended to add thereto Sections 2.26 through 2.31 to Chapter 2, and Section 8.03 to Chapter 8,which shall read as follows. CHAPTER 2 DEFINITIONS 2.26 CONDOMINIUMS "Condominiums" shall mean an estate in real property consist- ing 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 build- ing on such real property. A condominium may include a separate interest in other portions of such real property. Unless otherwise specified, the term "condominium" shall include both "proposed condomini, ums" and "condominium conver- sions,'' as defined below. 2.27 PROPOSED CONDOMINIUM "Proposed condomium" shall refer to condominiums in which the unit(s) are not as yet constructed. 2.28 CONDOMINIUM CONVERSION "Condominium conversion" shall refer to condominiums in which the existing unit(s) are being used as single or multiple family residences, or as an Industrial or commercial building not divided into separate units. 2.29 CONDOMINIUM UNITS "Condominium units" are the elements of a condominium which are not owned in common with the owners of other condominium units in the project. 2.30 COMMON AREAS a. The "general common areas' shall mean the entire condo- minium project excepting those elements granted or reserved. b. The "limited common areas" shall mean those areas to be reserved for the use of a certain number of condominium units, such as special corridors, walkways, sanitary services common to the units of a particular floor,and the like. 2.31 COVENANTS, CONDITIONS AND RESTRICITONS (C.C.& R's) "CovenantS, conditions and restrictions" (C.C.& R.~s) shall mean the declaration of powers, obligations, responsibili- ties, duties, rights and restrictions which are binding upon all owners of the condominium and which provide.for the orderly governing Of the condominium. CHAPTER8 8.03 CONDOMINIUM REGULATIONS a. CONFORMANCE TO ORDINANCE Any condominium project in the City of South San Francisco new or a conversion, shall be subject to the requirements and procedures applicable to subdivisions as set forth in this ordinance and any additional requirements and procedures set forth in this section. b. INTENT AND PURPOSE OF THIS SECTION Condominium .projects may require that numbers of house- holders, with vested ownership in their respective dwell- ing units, live in close proximity to one another. Condo- minium 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 ~ndividual 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 condominium project as well as 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 e treat residential condominiums differently from apart- ments and other like structures. Pursuant to such intent and in order to provide guidance in the consideration of proposed condominium projects, the purposes of this chapter are as follows: 1. To ensure that future condominium projects will have an overall positive effect on the City's available housing stock. 2. To ensure that adequate provision is. made for maintenance and management of condominium projects for the health, safety, and welfare of the pur- chasers ~and owners thereof. 3. To ensure that governmental entities have the right to enter into the general and limited common areas of the project to protect the public health, safety and welfare and to preserve the public peace c. PROCEDURE The procedure to be used in subdividing a condominium project shall be either the Standard Subdivision Procedure (Chapter 9) or the Minor Subdivision Procedure (Chapter 11) in addi- tion to the requirements and procedures set forth in this section. The procedure used shall be determined as herein- after provided. 1. The Standard Subdivision Procedure shall be used when the division results in the creation of five or more condominium units. 2. The Minor Subdivision Procedure shall be used when the division results in the creation of four or fewer condominium units. d. TENTATIVE MAP, DATA REQUIRED The following information and data shall be required as part of the Tentative Map and in addition to other require- ments of this ordinance. 1. A site plan for all common areas including proposed and/or existing recreation facilities, landscaping, indicating types and sizes of landscaping materials, community buildings, walks, drives, and other facil- ities to be owned and used .in common. 2. A plan showing the location of all parking,storage and other areas designated or assigned for individ- ual use by the owners outside of each unit. 3. For condominium conversions, a statement prepared and signed by a qualified civil or structural engi~ neer indicating that the structural condition of -all buildings and structures in the project comply with existing building, electrical,, plumbing, mechanical and fire codes or listing and describ- ing any deficiencies relating to those codes. Illl ~ I ill The statement shall include a description and evaluation of the items listed below. The state- ment shall also include recommendations for repair or replacement of any item or conditions requiring it, and specific notification of any and all con- ditions presenting a potential danger or hazard or contributing to deterioration of the structure. Acceptability of the statement shall be determined by the Director of Public Services and the Fire Chief. a. Type and age of construction b. Walls, interior and exterior c. Plumbing d. Electrical e. Roof f. Walks g. Garaging h. Insulation and soundproofing i. Fire Detection System j. Trash disposal k. Tiling 1. Fixtures and Appliances m. Drainage n. Landscaping o. Swimming pools, saunas, fountains p. Driveways o I1~1 · II iII1~ i] ~1 · ilil~ i i i1! i [] q. Walls and fences r. Stone or brickwork s. Heating t. Air conditioning u. Fireplaces v. Floors w. Laundry facilities x. Exterior lighting y. Deferred maintenance. 4. For condominium conversions, a statement that each ten- ant has been notified of the fact that the subdivision application has been made to the City. 5~ For condominium conversions, a program to accommodate tenants of apartments sought to be converted with specific reference to relocation and notice of termina- tion of tenancy. Such notice of termination of tenancy shall not be less than ninety (90)' days. 6. For condominium conversions, present tenants shall be given an irrevocable non-transferrable right of first refusal for thirty (30) days. after issuance of Final Public Report by the State Commission of Real Estate. 7. A copy of the proposed first year maintenance contract ILl ITl · Jill I II~ I I e Such other information which the Planning Commission determines is necessary to evaluate the project, Approval of the Tentative Map shall be subject to the following additional data to be submitted by the subdivider for approval by the Planning Commission. a. A copy of the subdivider's proposed application for a subdivision permit required by the Department of Real Estate of the State of California. b. A copy of the proposed budget for maintenance, operation and reserves for the project, including the proposed monthly cost to each unit. Said monthly cost shall be projected at least five .(5) years into the future, c. A description of how parking, storage and other areas outside of each unit will be owned, managed, and maintained. d. Twelve (12) copies of the proposed C,C,& ~'s which would apply to the project? As a minimum, the C. C. & R.~s shall provide for the following, i. Statement of ownership and application of C.C, & R.'s to owners and occupants~ This section shall specifically and irrevocably subject owners and occupants to the provisions of the C.C. & R.~s. ti. Section describing voting r~ghts, Vote distribu- tion, majority, quorum and proxies. This e Il' r I · II iii. iv. Vo vi. section shall provide that the subdivider shall have all of the rights and responsi- bilities of an owner prior to sale of each unit. Section describing the administration and re- sponsibilities of the association. Association responsibilities shall include administration of the project, preparing and approving an annual budget, establishing and collecting monthly assessments, maintaining the project with special provisions for maintenance of build- ing exteriors and landscaping, and levying penalties for noncompliance with C.C. & R.'s. Section describing the composition, powers and duties and method of electing a Board of Directors and Association Officers. Section describing the obligations of owners. This section shall include provisions for: monthly assessments, maintenance and repair of individual units, use of units, internal structural alterations, use of common areas and facilities, rights-of-entry for repair and emergency, rules of conduct. Section providing the right of public entry by any governmental agency, department, or bureau, This section shall provide for the right of I1~1 B' II t lib IT ]' · Ii ii~ I Il · [] immediate access at all times to all portions of the common areas not assigned for the ex- clusive use of the owner of a particular unit. Notice of such right of governmental agency access shall be prominently displayed in the common areas of the project. vii. Section prohibiting the dissolution of the association without dissolution of the condo- minium. This section shall also prohibit sale or development of the land owned in common with- out prior approval of the City. viii. Section providing for penalties and procedures dealing with violations of C.C. & R.'s. ix. The C.C. & R.s shall inure to the benefit of the City of South San Francisco. e. CONDOMINIUM CONVERSIONS, FILING AND ACTION ON TENTATIVE MAP. Other sections of this ordinance notwithstanding, no Tenta- tive Map involving a condominium conversion shall be approved unless all of the information and data required in Section 8.03a above have been filed with the Secretary of the Plann- ing Commission at least 60 days prior to the date of action by the. Planning Commission. f. IMPROVEMENTS. In addition to other improvements required by this ordinance 10. Iltl ~ Il [i ' lilt II ~' I · II ill '1 mit I [] each condominium conversion shall meet all requirements of the City of South San Francisco Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code and Zoning Ordinance. The Planning Commission shall review all pro- posals for condominium conversion to determine their, degree of compliance with existing'codes. Based on a report of compliance with the Director of Public Services and the Fire Chief, the Planning Commission may vary any and all requirements w~ere it is found that strict compliance with existing codes would be unnecessary for the health, safety and general welfare of the future owners and the surround- ing neighborhood. The Planning Commission is empowered to impose conditions on its approval which would require that specified modifica-. tions, designed to bring a structure more nearly into com- pliance with the City's codes and ordinances, be made to the structure or site. g. PLANNING COMMISSION AND COUNCIL ACTION An appliCation for condominium conversion shall not be granted unless the Planning Commission or City Council determ~'ne that the conversion is consistent with the public health, safety and welfare, and with the City's General Plan and the Housing Element thereof. In making such determination, the Plannning Commission or the City Council may consider such facts relevant to public health 11. I1~1 ~' II Ii III safety or welfare as appear in each particular case~ SECTION II. REPEAL OF ORDINANCE NO. 663~ Ordinance No. 663 entitled "Ordinance of the City Council of the City of South San Francisco suspending conversion of apartment buildings and other structures to condominiums during the pendency of studies, and providing an exception procedure" adopted April 1, 1974, is hereby repealed. SECTION III. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. at a reqular San Francisco this following vote: AYES, COUNCILMEN NOES, " ABSENT," Introduced this 19th day of March , 1975. Passed and adopted as an Ordinance of the City of South San Francisco meeting of the City C'ouncil of the City of South 2nd day of April ,1975,by the Richard A. Battaglia, F. Frank Mammini, Terru J. Mirri, Leo Padreddii and Warren Steinkamp None None ATTEST;.z~..~/,L~.~c~~--~z~ ' C~ty Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 2nd day of ) Apri 1 .... , 1975. 12.