HomeMy WebLinkAboutOrd 1978-1841 ORDINANCE NO. 1841 � ,
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15 . 56
OF THE CHULA VISTA MUNICIPAL CODE RELATING TO PROPOSED CONDOMINIUM
PROJECTS AND TO THE CONVERSION OF DWELLING UNITS TO INDEPENDENT
OWNERSHIP CREATED BY CONVERSION TO CONDOMINIUMS IN CONJUNCTION
WITH THE APPROVAL OF SUBDIVISION AND PARCEL MAPS RELATED THERETO,
AND CERTIFYING THE NEGATIVE DECLARATION
The ordinance , adopted by a 3 to 1 vote of the City Council with
one member absent, sets out regulations for proposed condominium
projects and condominium conversions . Regulations are established
requiring compliance with current fire protection standards ; wall
standards in accordance with the Uniform Building Code and all
standards of the Uniform Housing Code. Prior to occupancy, the
Building and Housing Department must issue a certificate of occupancy
showing compliance. Current off-site parking requirements must be
met and such projects must comply with the guidelines of the Design
Manual of the City of Chula Vista. A minimum of 256 cu. ft. storage
area for each unit shall be required.
Any appeals from standards established in the Building and Housing
Codes will be reviewed by the Board of Appeals and Advisors. All
other conditions are subject to advisement at the time of the approval
of the tentative map by the Planning Commission and the City Council.
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� Jennie M. Fulasz , CMC J
� City Clerk.
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ORDINAPICE� NO. 1841
AN ORDINANCE OF THE CITY �OF CHULA VISTA AMENDING CHAPTER
15. 56 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
PROPOSED CONDOMINIUM PROJECTS AND TO THE CONVERSION OF
DWELLING UNITS TO INDEPENDENT OWNERSHIP CILEATED BY
CONVERSION TO CONDOMINIUMS IN CONJUNCTION WITH THE
APPROVAL OF SUBDIVISION AND �PARCEL MAPS RELATED THERETO,
AND CERTIFYING THE NEGATIVE DECLARATION
The City Council of the City of Chula Vista does hereby
find as follows:
That in accordance with the attached Negative Declaration, •
IS-79-19 and the findings therein, the proposed amendments to the �
Chula Vista Municipal Code relating to condominium projects will � "
not have a significant impact upon the environment, . and the City
Council hereby certifies that the Negative Declaration was prepared
in accordance with the California Environmental Quality Act of 1970 ,
as amended.
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The City Council of the City of Chula Vista does ordain
as follows :
SECTION I: That Chapter 15 . 56 of the Chula Vista Municipal
Code be, and the same is hereby amended to read as follows:
CHAPTER 15. 56 CONSTRUCTION OF CONDOMINIUMS AND
CONVERSZON OF DWELLING UNITS TO
INDEPENDENT OWNERSHIP
Sec. 15 . 56 . 010 Certificate of Occupancy Required.
In accordance with Section 306 and Section _502 of the
Uniform Building Code of 1976 , or as later amended and
adopted by reference by the City Council of the City of
Chula Vista, no building or structure in an apartment
building or project which is a part of a new condominium
project, or which has been converted to independent
ownership of the units by means of a statutory condo-
minium or subdivision of the land shall be occupied
until the building official has issued a certificate of
occupancy therefor as provided in said sections of the
Building Code.
Sec. 15 . 56. 020 Condominium Projects, Condominium
Conversions and Occupancy Thereof.
No condominium unit, whether a component of a condo-
minium project which was originally planned for condo-
minium ownership, or created by the conversion of a
multiple-family dwelling or dwelling. group into a condo-
minium project, shall be occupied prior to the property
owner' s compliance with the following requirements :
A. Condominium developments shall meet the fire pro-
tection standards which goyern multi-family resi-
dences , dwelling groups, and other types of rental
projects. All existing fire protection facilities
shall be maintained.
B. Walls which meet the standards of the Uniform
Building Code shall be installed between the
airspaces of condominium units.
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C. A minimum 256 cubic foot enclosed and covered
onsite storage area shall be assigned to the 1
owner of each condominium unit. The required
storage area shall have no dimension less than
2 feet, and shall not be a part of the interior
living space of a condominium unit.
D, Condominium projects shall conform to the Uniform
Housing Code which exist •at the time of their esta-
• blishment by subdivision map. The said Housing
Code requirements are those which govern multiple
£amily dwellings and dwelling groups.
E. All condominium projects shall meet the protective-
lighting standards of the Uniform Housing Code.
F. Condominium projects shall conform to the offstreet
parking requirements which exist at the time of
their establishment by subdivision map or parcel
map. The said offstreet parking requirements are
those� which govern multiple-family dwellings and
dwelling groups.
G: Condominium projects shall comply with tha guide-
lines of the Design Manual-of the City of Chula
Vista, and shall be reviewed by the Design Review
Committee, except where condominium projects are
located within the Chula Vista Town Centre No. I
Redevelopment Project Area, in which case the guide-
lines of the Town Centre Design Manual shall govern,
and the reviewing body shall be the Town Centre Design
Review Board : Notwithstanding the provisions of Sub-
section_G, , the property owner shall not be required
to make major structural or spatial changes to
existing buildings.
H. Each condominium unit shall be served by a separate
water heater, and by separate water, gas and electric
meters, unless the homeowners association, required
to be established pursuant to the laws of the State
of California, assumes the responsibility for cen-
tralized utility services, and the billing and pay-
ment of utility costs.
I . The owner of a residential condominium project shall ,
prior to project occupancy, apply. to the Building
and Housing Department for a compliance survey. Upon
receipt of this application, . the 'Director of Building
and Housing shall cause the inspection of the involved
premises for the purpose of determining the state of
the condominium project' s compliance with the pro-
visions of this section, and those of the Uniform
Housing Code; and shall cause the. subsequent prepa-
ration of a list of de£iciencies, if such exist.
These deficiencies must be corrected prior to the
Department' s issuance of a certificate of oc�upancy,
required under Section 15. 56 . 010 of this chapter.
If the owner does not concur with the list of defi-
ciencies prepared under the supervision of the
Director of Building and Housing, he may file an
appeal therefrom to the Board of Appeals and Advisors,
pursuant to the provisions of Chapter 12 of the
Uniform Housing Code.
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J. All condominium projects shall meet the requirements '_
of Chapter 15. 32 of this code, which pertains to the
undergrounding of utilities, and Chapter 18. 44 thereof,
which pertains to the filing of declarations of cove-
nants , conditions and restrictions in conjunction
with the subdivision process .
Sec. 15.56. 030 Satis£action of said Conditions
Required Prior to Final Approval
of Subdivision or Parcel Map.
Compliance with the requirements -for occupancy, enumer-
ated in Section 15. 56 . 020 of this code, shall be a condi-
tion precedent to the approval of a final subdivision map
or parcel map which is required for the conversion of a
multiple-family dwelling or dwelling group into a condo-
minium project. .
The subdivider may enter into an agreement and submit
a bond guaranteeing the work and improvements required
under Section 15. 56 . 020, and if such is accepted by the
City Council, the map may be recorded. Completion of the
required improvements is required prior to occupancy in
the condominium units.
Sec. 15.56 . 040 Notice of Intent to Convert; Sixty
Day Right of First Refusal to Purchase .
The owners of multiple family dwelling or dwelling group
developments shall provide their tenants 120 days ' notice
of their intent to terminate tenancies for the purpose of
converting their developments to condominium ownership,
and sria'l�lgrant the said tenants a 60-day right of first
refusal to purchase their dwelling units as condominium
estates. Neither the 120 days ' notice nor the 60-day
right of first refusal shall commence to run prior to the
owner' s establishment of a firm price for the involved
condominium units.
Sec. 15.56 .050 Notice of Condominium Conversion
and Previous Occupancy by Rental
Tenants to Prospective Purchasers.
The owners of residential .condominium projects, which
were created through the conversion of previously rented
multiple-family dwelling or dwelling group developments ,
shall provide prospective purchasers of condominium units
with notice that the involved projects are condominium
conversions, and were originally occupied by tenants on
a rental basis. •
Sec. 15. 56 .060 Submittals Required.
Together with the filing of any tentative map to create
condominium units , the applicant shall file such informa-
tion as is required to determine whether the proposed or
existing development complies with the provisions of Sec- �
tion 15.56. 020 (A) through (J) of this ordinance. Such
information may include but shall not be limited to the
following:
A. Landscape plans which show existing as well as
proposed plant materials.
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� Revised 11-10-78
B . Building elevations showing proposed or existing
colors , materials and design features . �
C . Statements with regard to the provision of water ,
gas and electric service and meters .
D. Floor plans and plot plans showing building loca-
' tions , offstreet parking layout, landscaped areas ,
property lines , easements, etc .
SECTION II : Fees associated with the filing of any tenta-
tive map for the creation of condominium units shall be as specified
in the Master Fee Schedule.
SECTION III : This ordinance shall take effect and be in
full force and effect on the thirty-first day from and after its
adoption. Projects for which tentative maps have been filed, but
not acted upon by the City Council prior to said thirty-first day,
shall be required to comply with the provisions o£ this ordinance.
SECTION IV: It is the intent of the City Council that this
ordinance shall be considered a subdivision regulation as set forth
in Title 18 of this Code and any variance or modifications of the
requirements shall be incorporated in the conditions attached to the
tentative map.
Presented by Approved as to form _by
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D. J. Pet on, irector of George D. Lindberg, City Attorney
Planning
, . FIRST READ at a regular meeting of the CITY COUNCIL of
the CITY OF CHULA VISTA, CALIFORNIA, held November 7 �
1978 , and finally PASSED AND ADOPTED at a regular meeting t ereof
held November 14 , 1978 , by the £ollowing vote, to-wit:
AYES: Councilmen: Hyde, Gillow, Cox
NAYES: Councilmen: Scott
ABSENT: Councilmen: Egdahl
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Mayor of the City of ula Vista
ATTES
City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I , , City Clerk of the
City of Chula Vista, California, DO HEREBY CERTIFY that the above is
a full, true and correct copy of Ordinance No. , and that
the same has not been amended or repealed, DATED
City Clerk
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• ORDINAPlCE N0.
AN ORDINANCE OF THE CITY OF CHULA VISTA APIENDING CHAPTER 15. 56 OF THE
CHULA VISTA MUNICIPAL CODE RELATING TO PROPOSED COtJDOMINIUM PROJECTS
AND TO TIIE COfdVERSION OF D4lELLIN6 UNITS TO INDEPENDENT Ol•lNERSHIP
CREATED BY CONVERSION TO CONDOP1INIUP1S IN CONJUNCTION WITH THE APPROVAL
OF SUBDIVISION AND PARCEL h1APS RELATED THERETO
The City Council of the City of Chula Vista does ordain as follows:
SECTIOPI I : That Chapter 15.56 of the Chula Vista Plunicipal Code be, and the
same is hereby amended to read as follows:
CHAPTER 15. 56 CONSTRUCTION OF CONDOMIP7IUMS APlD CONVERSION OF,
DWELLING UNITS TO INDEPENDENT Ol•1NERSHIP
15.56.010 Certificate of occupancy required.
In accordance a�ith Section 306 and Section 502 of the Uniform Building
Code of 1976, or as later amended and adopted by reference by the City
Council of the City of Chula Vista , no building or structure in an apart-
ment building or project which is a part of a new condominium project, _or
which has been converted to independent ownership of the units by means of
a statutory condominium or subdivision of the land shall be occupied until
the building official has issued a certificate of occupancy therefor as
provided in said sections of the Building Code.
15.56.020 Condominium projects , condominium conversions
and occupancy thereof
No condominium unit, whether a component of a condominium project which
was originally planned for condominium ownership, or created by the conver-
sion of a multiple-family dwelling or dwelling group in�o a condominium
project, shall be occupied prior to the property ovmeti•'s compliance with
the following requirements:
A. Condominium developments shall meet the fire protection standards
which govern multi-family residences, dwelling groups , and other types `
of rental projects. Al1 existing fire protection facilities shall be
maintained.
B. !dalls which meet standards equivalent to those uf the Uniform Building
Code shall be installed between the airspaces of conde�minium units.
C. A minimum 256 cubic foot enclosed and covered onsite storage a�°ea shall
be assigned to the owner of each condominium unit. The required siorage
area shall have no dimension less than 2 feet, and shall not be a part
of the interior living space of a condominium unit.
D. Condominium projects shall conform to the requirements of the Uniform
Housing Code which exist at the time of their establishmeni by subdivision
map, The said Nousing Code requirements are those which
govern multiple family dwellings and dwelling groups.
E. All �condominium projects shall meet ihe protectiye- liy�ii:ing s*andards of
the Uniform Housi�g Code.
f. Gondominium projects shall conform io the offstrzzt pa�king reGuirements
��hich exist at ihe time of thr�ir establishment by subdivision map or
parcel map. The :aid offstreet parking requirements are those which
• govern multiple-family dwellings and dwelling groups.
G. Condominium projects shall comply with the guidelines of the Design
P1anual of the City of Chu1a Vista, and shall be reviewed by the Design
Review Corrunittee, exceot where condominium projects are located within .
the Chula Vista 7own Centre No. I Redevelopment. Project Area, in �ahich
case the guidelines of the To�an Centre Design Manual shall govern, and
the reviewing body shall be the Town Centre Design Review Board. Not-
withstanding the provisions of this subsection, the property owner shall
not be required to make najor structural or spatial changes to existing
/��� buildings. • - � _
N. Each condominium unit shall be served by a separate water heater, and
by separate water, gas and electric meters , unless the homeowners
association, required to be established pursuant to the laws of the
State of California, assumes the responsibility for centralized utility
' services, and the billing and payment of utility costs.
I. The oo-mer of a residential condominium project shall , prior to project
occupancy, apply to the Building and Housing Department for a compliance
survey. Upon receipt of this application, the Director of Building and
Housing shall cause the inspection of the involved premises for the
purpose of determining the state of the condominium project's compliance
with the provisions of this section, and those of the Uniform Housing
Code; and shall cause the subsequent preparation of a list of deficiencies,
if such exist. These deficiencies must be corrected prior to the Depart-
ment's issuance of a certificate of occupancy, required under Section
15.55.010 of this chapter.
If the owner does not concur o�ith the list of deficiencies prepared
under the supervision of the Director of Building and Housing , he may
file an appeal therefrom to the Board of Appeals and Advisors, pursuant
to the provisions of Chapter 12 of the Uniform Housing Code.
J. All condominium projects shall meet the requirements of Chapter 15.32 of
this code, which pertains to the undergrounding of utilities , and
Chapter i8.44 thereof, which pertains to the filing of declarations of
covenanY.s, conditions and restrictions in conjunction with the subdivision
process.
15. 56.030 Satisfaction of said conditions required prior
to final approval of subdivision or parcel map. �
Compliance with the requirements for occupancy, enumerated in Section
15.56.020 of this code, shall be a condition precedent to the approval of
a final subdivision map or parcel map which is required for the conversion
of a multiple-family dwelling or dwelling group into a condominium project.
The subdivider may enter into an agreement and submit a bond guaranteeing
the work and improvements required under Section 15.56.020, and if such is
accepted by the City Council , the map may be recorded. Completion of the
required improvements is required prior to occupancy in the condominium units.
15.56.040 Notice of intent to convert; sixty day right
of first refusal to purchase.
The owners of multiple family dwelling or dwelling group developments
shall provide their tenants 120 days' notice of their intent to terminate
tenancies for the purpose of converting their developments to condominium
ownership, and shall grant the said tenants a 60-day right of first refusal
' to purchase their do-ielling units as condominium estates. Neither the 120
days ' notice nor the 60-day right of first refusal shall commence to run
prior to the owner's establishment of a firm price for the involved condo-
minium units.
15.56.050 Notice of condominium conversion and previous
occupancy by rental tenants to prospective purchasers.
The owners of residential condominium projects , which were created
through the conversion of previously rented multiple-family dwelling or
d�aelling group developments, shall provide prospective purchasers of condo-
minium units with notice that the involved projects are condominium conver-
sions, and �•�ere originally occupied by tenants on a rental basis.
15.56.060 Submitta':s required.
Together with the filing of any tentative map to create condomini_um units,
the applicant shall file such information as is required to determine whether
the proposed or existing development complies with the provisions of Section
15.56.020 (A) throu9h (J) of this ordinance. Such information may include
but shall not be limited to the following:
A. Landscape plans which show existing as well as proposed plant materials.
B. Building elevations showing proposed or existing colors , materials and
design features.
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C. Statements with regard to the provision of water, gas and electric
service and meters.
D. Floor plans and plot plans showing building locations, offstreet
parking layout, landscaped areas, property lines, easements, etc.
SECTION II: This ordinance shall take effect and be in full force and
effect on the thirty-first day from and after its adoption. Projects for
�ahich tentative maps have not been filed prior to said thirty-first day shall �
be required to comply with tfie provisions of this ordinance.
SECTION III : Fees associated with the filing of any tentative map for the
creation of condominium units shall be as specified in the Master Fee Schedule.
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� EXHIBIT A �
Interim Ordinance governing the occupancy of condominium units
created by "Condominium Conversion," and the approval of
Subdivision and Parcel Maps related thereto
Section 1 . Requirements for occupancy.
No condominium unit, created by the conversion of a multiple-family dwelling
or dwelling group into a condominium project, shall be occupied prior to the
property owner's compliance with the following requirements.
a. Condominium developments shall meet the fire protection standards which
govern multi-family residences, dwelling groups , and other types of rental
projects. All existing fire protection facilities shall be maintained.
b. Walls which meet the standards of the Uniform Building Code shall be
installed between the airspaces of condominium units.
c. A minimum 8' x 8' x 8' (512 cubic foot) enclosed and covered storage area
shall be assigned to the owner of each condominium unit. The required
storage area shall not be a part of the airspace of a condominium unit.
d. Condominium projects shall conform to the Uniform Housing Code and off-
street parking requirements which exist at the time of their establishment
by subdivision map or parcel map. The said housing codes and offstreet
parking reGuirements are those which govern multiple family dwellings and
dwelling groups.
e. Al1 condominium projects shall meet the security and protective lighting
standards of the Police Department and the Uniform Housing Code.
f. Condominium projects shall comply with the guidelines of The Design
Manual of the City of Chula Vista, and shall be reviewed by the Design
Review Cormnittee, except where condominium projects are located within the
Chula Vista Town Centre No. I Redevelopment Project Area, in which case
the guidelines of the Town Centre Design Manual shall govern, and the re-
viewing body shall be the Town Centre Design Review Board. Notwithstanding
the provisions of this subsection, the property owner shall not be required
to make major structural or spatial changes to existing buildings.
g. Each condominium unit shall be served by separate water, gas, and electric
meters.
h. The subdivider-developer of a condominium project created by conversion
shall authorize a licensed architect or civil engineer, retained by the
city, but paid by the subdivider-developer, to inspect the physical and
structural condition of involved buildings, and to submit an inspection
report to the Director of Building and Housing. The said inspection and
report shall address the following matters:
l . Roof condition.
2. Existence of termites or dry rot.
3. Structural condition.
4. Condition of plumbing, electrical , and water systems.
5. Condition of pavement. -
' 6. Condition of external paint.
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Upon the receipt of the required inspection report, tlie Director of
Building and Housing shall prepare a list of deficiencies which require
remedial action prior to the occupancy of the involved buildings , and
shall submit such list to the subdivider-developer. The subdivider-
developer shall have ten days, from the date of the mailing of the list
of deficiencies, to file an appeal from the action of the Director of
Building and Housing with the City Council .
The Director of Building and Housing 's decision shall be based upon the
findings and recomnendations of the inspection report, the standards
embodied in the Uniform Building Code, the principles of sound .residen-
tial construction, and the standards of residential construction within
the Chula Vista area. The promotion of safety, health, and the general
welfare, and the protection of property shall be the primary objectives
of the list of deficiencies.
Section 2. Condition precedent to the final approval of a Subdivision or
Parcel Map.
a. Compliance with the requirements for occupancy, enumerated in Section 1
of this ordinance, shall be a condition precedent to the approval of a
final subdivision map or parcel map which proposes the conversion of a
multiple-family dwelling or dwelling group into a condominium project.
b. The subdivider may submit a bond for the work and improvements required
under Section l , and if such is accepted by the City Council , the
requirements of occupancy shall be deemed met, and the condition precedent
to the approval of a final subdivision or parcel map shall be deemed
satisfied.
Section 3. Exceptions.
The City Council may grant an exception to terms and provisions of Section 1
where it finds that the strict application of such would be infeasible, imprac-
ticable, and uneconomic, and that the granting of the exception would not substan-
tially reduce the livability of the involved residential condominium units. Prior
to City Council action on a petitioned exception, the City Plannin9 Corrnnission
shall review such and submit its recorrmiendation thereon.
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