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HomeMy WebLinkAboutTC Ord 1980-05-21 '<<, .'- ORDINANCE NO. 225 N.S. AN ORDINANCE OF THE TOWN OF TIBURON AMENDING SECTION 10-7.1 OF THE TIBURON ZONING ORDINANCE RELATING TO CONDOMINIUMS AND COMMUNITY APARTMENTS THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES ORDAIN AS FOLLOWS: Section 1: Amendment. Section 10-7.1 of the Tiburon Zoning Ordinance is amended to read as follows: "(A) Definitions. "1. "Condominium is defined as set forth in Civil Code Section 783. Condominium, as used herein, includes "community apartment" and "stock cooperative". " 2. "Communi ty apartment" is defined as a development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located thereon. Community apartments shall be subject to the same restrictions and con- ditions as set forth herein for condominiums. "3. "Stock cooperative" is defined as a corporation which is formed or availed of pri- marily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corpora- tion, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock or membership certificate in the corporation held by the person having such right of occupancy. The term "stock cooperative" does not include a limited-equity housing cooperative, as defined in Section 11003.4. "4. "Condominium conversion" lS defined as a change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined as a condominium project or a com- munity apartment project or a stock cooperative OR' G' ~\, ^ , regardless of the present or prior use of such land or structures and whether improvements have been made or are to be made to such structures. "5. "Condominium project" is defined as the entire parcel of real property, including all structures thereon, to be divided into two or more units for the purpose of constructing or con- verting existing structures or condominium units. "6. "Community apartment project" is defined as a conwunity apartment containing two or more apartments to which there is the right of exclusive occupancy for residential purposes. "(B) Intent and Purpose. Condominiums, as defined herein, create conditions that differ markedly from those associated with rental units. These peculiar problems associated with condominium subdivision projects may result, unless regulated, in a negative impact upon the public health, safety, welfare and economic prosperity of the Town of Tiburon. It is the intent of the Town of Tiburon to treat such projects differently from other types of multifamily dwellings, indus- trial or commercial uses, and to establish rules and standards that regulate the construction of and/or the conversion of structures to condominium, community apartment or stock cooperative within the Town of Tiburon. "The Town Council specifically finds: that many multi- family dwellings now sought to be converted to condominium were not constructed originally in a manner which envisioned individual ownership of the dwelling units; unregulated con- version of existing rental housing to condominium reduces the stock of rental housing available to the community and may impact on and contribute to increases in the price of housing in the Town; in a period of extremely low vacancy factors for available town rental units, unregulated con- version to condominium would work a hardship on tenants of buildings sought to be converted, who may find themselves unable to find replacement housing in the city or southern Marin, and also find themselves unable to purchase the unit they occupy, after a conversion. liThe rules and standards set forth herein are intended to guarantee that rental units being converted, or structures initially erected as condominiums, meet reasonable con- struction criteria under state and local laws, ordinances, and regulations; that a reasonable balance between rental housing and owner occupied housing continues to exist in the community, and to insure that the density, bulk, height, -2- massing and character of the units constructed or con- verted hereunder and consistent with the existing character of structures in the area. "These rules and standards shall apply to a sub- division initially created as condominium units or community apartments or as a stock cooperative, the conversion of an existing multifamily unit to a condominium community apartment or stock cooperative, and the conversion of an existing industrial or commercial building to a condominium, as defined hereinabove. "(C) Permits for Condominiums and Procedures for Issuance of Same. No subdivision map for the construction of, or conversion of any structure to, a condominium, as that term is defined herein, shall be approved, and no building permit for any condominium shall be issued, until a condominium permit has been issued. Such permit shall be issued by the Planning Commission only if it determines that the property conforms to all applicable zoning regulations, or the property was legal non-conforming on the date of adoption of this ordinance; and if the com- mission is able to make all of the findings required by this section of the Zoning Ordinance. The procedure governing condominium permits shall be as provided for in Sections 18 and 21 of the Zoning Ordinance for use permits; provided, however, that whenever the words "Board" or "Board of Adjustments" appear, there shall be substituted "Commission" or "Planning Commission" respectively. Provided further that all variances sought for new or existing structures in rela- tion to condominium permits shall be acted upon by the Planning Commission, and shall not be heard by the Board of Adjustments. "In the case of new construction and/or exterior remodeling of units to be offered for sale as condominiums, the application for permit shall first be referred to the Board of Adjustments and Review for its analysis and recommendations pursuant to the pertinent provisions of Section 11-1 of the Zoning Ordinance (Site Plan and Architectural Approval.) "(D) Condominium Development Standards. No condominium permi t shall be approved or condi tionally approved in whole or in part unless the following findings are made: "1. The Planning Corlunission finds that the application conforms to the Tiburon General Plan; "2. The Commission finds that the condominium pro- ject meets all standards of Chapter 13 of the Tiburon Municipal Code, as they apply to new constru6tion for group Rl or R3 occupancy for multiple unit housing -3- and single family housing except for such requirements which the Commission deems un- necessary to fulfill the objectives of this section; "3. The condominium project conforms to all applicable l,aws, ordinances, and regulations of the Town and State of California in effect at the time of construction or conversion, including but not limited to those pertaining to housing, building, fire, subdivision, and zoning. In addition, the noise transfer standards for new building as contained in the latest Uniform Building Code shall apply to both new and existing units sought to be converted; "4. The proposed use is properly located in relation to the community as a whole and to land uses, transportation and service facilities in the vicinity and the site for the proposed use is adequate in size and shape to accommodate it; "5. New construction proposed for use as a condo- minium is consistent with existing structures in height, size, scale, bulk and character. "6. The site for the proposed use will be served by streets and highways of adequate width and pavement type to carry the quantity and kind of traffic generated by the proposed use. "7. The proposed use will not unreasonably ad- versely affect the abutting property or the permitted use thereof. 118. The approval of the proposed condominium project will not adversely affect the provision of adequate housing for all segments of the community, and that adequate replacement housing for displaced tenants is available; nor will approval of the condo- minium project significantly alter the balance of rental stock and owner occupied housing in the Town. 119. Parking within the property lines of the project is provided at no less than two (2) spaces per dwelling unit. Each required parking space shall have - di-rpct---a.cceE)9-to the-- 'st-~ee--t- ,-!i-::__hout. pas)~ing--:OV'er other--required parking' spaces-, except that the- Commission may waive this requirement for one of the two spaces required for each dwelling unit where it find that conditions of terrain or siting make strict adherence this provision undesirable. -4- liThe resolution making such findings may do so in general terms by stating that the Commission finds the matters set forth in this paragraph to be true. If the Commission is unable to make the findings required above, the Commission shall dis- approve the granting of the conditional use permit. II (E) Additional Requirements for Conversion or Construction of Condominium. The applicant shall include with his application for a permit the following additional information: "l. A report describing the condition of, Code compliance and estimate of remaining useful life of the following elements: Structure, walls, roofs, paved surfaces, central or community heating and air condition- ing systems, hot water heaters, and where they are reasonably accessible for inspection, other electrical plumbing and mechanical equipment. "Such report shall be prepared by a contractor, architect, or engineer who is licensed in the element he is reviewing. "This information may be di.spensed with, where newly constructed premises are sought to be erected as condominiums. "2. A comprehensive report advising of repairs and improvements the applicant intends to make to the premises sought to be converted prior to sale of the unit(s); "This information may be dispensed with, where newly constructed premises are sought to be erected as condominiums. "3. A report by a qualified acoustical consultant that the sound transmission requirements of Chapter 35 of the UBC for walls, floors and ceilings which separate the proposed dwelling units will be met. "4. The information required by Section 27-2 of the Zoning Ordinance (Submission Requirements for Pre~ise Plans); "5. Plans showing percentages of open space, parking and circulation areas, building coverage, and the number of parking spaces (covered and open) in the project; "6. A written description of the proposed project organization, including the use and control of the -common elements and recreation facilities within the project; and any proposed control of common facilities to be retained by the developer or by the owner or maintained by any other organization other than the homeowners association or unit owners. -5- ~I 7.. A structural pest control report prepared by a licensed pest control operator pursuant to ~8516 of the California State Business and Professions Code. II 8. The subdivider's proposed program to accommo- date existing tenants of units to be converted with specific reference to relocation assistance, availability of substitute accommodations, and a statement of any sale preference to present tenants; "9. If requested, a report on the proposed con- version indicating length of occupancy of present tenants, household composition of tenants, rent structure at time of application, nature of lease agree- ments, proposed sale prices of units and financing arrangements; "10. A list of the names of all tenants and lessees of the existing structure(s), together with a verified statement that notice of the filing of the application has been given to each such tenant and lessee by prepaid u.s. majl. Each application shall be deemed to provide authorization for inspections of the building and site by the Commission and by Town staff. "11. A statement indicating the exact number of units existing in the structure(s) proposed to be converted. II (F) Organization Documents. There shall be required covenants, conditions and restrictions (CC&R's), and the for- mation of an association or corporation for the purpose of managing and maintaining the project. liThe CC&R's shall state that the Town of Tiburon has the right to abate public nuisance conditions in the common area if ~he association or corporation fails to do so, and to assess the cost to the association, corporation or individual unit owners. In order to accomplish this, the CC&R's shall contain the following typical statements: "In the event the Board fails to maintain the exterior portions of the con~on area so that owners, lessees, and their guests suffer, or will suffer, sub- stantial diminution in the enjoyment, use or property value of the project, thereby impairing the health, safety, and welfare of the residents in the project, the Town of Tiburon, by and through its duly authorized officers and employees, shall have the right to enter upon the real property described in Exhibit "AII and to commence and complete such work as is necessary to maintain said exterior portions of the common area. The Town shall enter and repair only if, after giving the Board written notice of the Board's failure to maintain -6- the premises, the Board does not commence correction of such conditions in no more than thirty (30) days from delivery of the notice and proceed dil~gently to completion. The Board agrees to pay all expenses incurred by the Town of Tiburon within thirty (30) days of written demand. Upon failure by the Board to pay within said thirty (30) days, the Town of Tiburon shall have the right to impose a lien for the propor- tionate share of such costs against such condominium or community apartment in the project. lilt is understood that by the provisions hereof, the Town of Tiburon is not required to take any affirmative action, and any action undertaken by the Town of Tiburon shall be that which, in its sole dis- cretion, it deems reasonable to protect the public health, safety, and general welfare, and to enforce it and the regulations and ordinances and other laws. lilt is understood that action or inaction by the Town of Tiburon, under the provisions hereof, shall not constitute a waiver or relinquishment of any of its rights to seek redress for the violation of any of the provisions of these restrictions or any of the rules, regulations, and ordinances of the Town, or of other laws by way of a suit in law or equity in a court of competent jurisdiction or by other action. lilt is further understood that the remedies availa- ble to the Town by the provision of this section or by reason of any other provisions of law shall be cumulative and not exclusive, and the maintenance of any particular remedy shall not be a bar to the maintenance of any other remedy. In this connection it is understood and agreed that the failure by the Board to maintain the exterior portion of the common area shall be deemed to be a public nuisance, and the Town of Tiburon shall have the right to abate said condition, assess the costs thereof, and cause the collection of said assessments to be made on the tax roll in the manner provided by pertinent provisions of the Tiburon Municipal Code or any other applicable law. liThe Town Council of the Town of Tiburon may, at any time, relinquish its rights and interest in the project as herein set forth by appropriate resolu- tion. Any such relinquishment by the Town Council shall be effective on the date that the resolution is adopted and a copy thereof is placed in the United States mail, postage prepaid, addressed to the Board. -7- The Board shall execute and record a declaration reflecting such relinquishment within ten (10) days of receipt of a copy of the resolution: liThe above five (5) paragraphs cannot be amended or terminated without the consent of the Tiburon Town Council. II (G) Information to Precede Final Map Submission. The following information shall be submitted for review prior to submittal of the final map: "l. Copy of a!?plicant's proposed application for subdivision permit, in the event a permit is required, from the California State Department of Real Estate; "2. Proposed sale price of each unit; "3. A copy of notices to tenants required by Section 66427.1 of the Subdivision Map Act together with evi- dence of each tenant's receipt of same. II (H) Special Considerations Relating to Condominium Permits. "l. The desire of current tenants to either purchase prospective condominium units or maintain rental status may be a consideration in a review of the effects on the general welfare of persons residing in the neighborhood of the proposed condominium use. "2. In granting any condominium permit, the Commission may impose such conditions as it may deem necessary to accomplish the objectives of this ordinance, including, but not limited to, those set forth in Section 21 E of the Zoning Ordinance." Section 2. Separability. If any section, sentence, subsection, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, sub- sections, sentences, clauses or phrases may be declared invalid or unconstitutional. -8- Section 3. Effective Date. This ordinance shall take effective and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper 'of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on May 21 , 1980, by the following vote: AYES: COUNCILMEN: Edelstein, Bergsund, Bass, Hanson NOES: COUNCILMEN: None ABSENT: COUNCILMEN Rockey Mayor :~T::T~~/Town Clerk -9-