17.240.080 Conditions of approval.
In addition to any reasonable conditions of approval which the City Council may impose to assure compliance with applicable regulations and standards, the following conditions shall apply to all condominium conversion projects:
A. Any structural or mechanical elements identified in the structural engineer’s report as having a useful life of less than two years shall be replaced by the applicant prior to approval of a final subdivision map. The Planning Commission may require that other elements be refurbished and restored in order to achieve high quality appearance and safety.
B. The subdivider shall provide each purchaser with a copy of the physical elements report and the declaration of covenants, conditions and restrictions prior to said purchaser executing any purchase agreement or other contract to purchase a unit in the project. Copies of the submittals shall be made available at all times at the sales office and shall be provided to the homeowners’ association upon its formation.
C. Prior to the close of escrow, the subdivider shall submit the following information to the Planning Department:
1. Name, address and phone number of homeowners’ association;
2. Actual sales price of units;
3. Actual homeowners’ association fees;
4. Number of prior tenants who purchased units; and
5. Number of units purchased with intent to be used as rentals.
D. A physical inspection of each unit shall be completed by the Building Official prior to final map approval to ensure compliance with applicable codes, as adopted and amended by Chapter 15.04 SMC.
E. The following physical standards shall be met. The project shall conform to the applicable codes, as adopted and amended by Chapter 15.04 SMC, in effect on the date the last building permit was issued for the subject structure or structures, except as follows:
1. Each dwelling unit shall be separately metered for water, gas, and electricity. One separate water meter shall be installed for common areas.
2. Sound Attenuation. Floor-to-ceiling and wall-to-wall assemblies between each condominium unit must meet sound transmission and sound impact classes of 50 lab test, or 45 field test, as prescribed in the applicable codes, as adopted and amended by Chapter 15.04 SMC, for new construction.
3. Each unit shall have at least 200 cubic feet of enclosed weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Planning Department, but shall not be divided into two or more locations.
4. A laundry area shall be provided in each unit; or, if common laundry facilities are provided, such facilities shall consist of not less than one automatic washer and one dryer of equivalent capacity for every five units.
5. The developer shall provide a warranty to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks and air conditioners that are provided have a useful life of at least two years. At such time as the homeowners’ association takes over management of the development, the developer shall provide a warranty to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association have a useful life of at least two years. Prior to final map approval, the developer shall provide the City with a copy of warranty insurance covering equipment and appliances pursuant to this section.
6. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements as required by the Community Development Department shall be refurbished and restored as necessary to achieve a high degree of appearance, quality and safety. The developer shall provide to the homeowners’ association and/or purchaser a minimum two-year warranty on all physical improvements required under this section. If substantial exterior restoration is required, the design plans shall be subject to design review.
F. Prior to approval of the final map, the developer shall provide evidence to the City that a long-term reserve fund for replacement has been established in the name of the homeowners’ association. Such fund shall equal two times the estimated monthly homeowner’s assessment for each dwelling unit. (Ord. 1111, 2018)