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ORDINANCE NO. 1707
ORDINANCE OE THE CITY OF BURLINGAME AMENDING CHAPTER 26.32 TO
UPDATE THE CITY'S CONDOMINIUM CONVERSION REQUIREMENTS
The City Council of the City of Burlingame ordains as follows:
Section 1. The City's requirements for conversion of aparhnents to condominiums
were first adopted in 1981 and have served the City well. The City has developed standards that
more specifically detail standards for condominiums. This ordinance is intended to incroporate
those general condominium requirements in Chapter 26.32 and to update the language to establish
clear development standards to govern any conversion of property to condominium or cooperative
ownership.
Section 2. Chapter 26.32 is amended to read as follows:
Chapter 26.32
CONDOMINIUM CONVERSION PERMITS
Sections
26.32.010
Purpose.
26.32.020
Permit required.
26.32.025
Conversion prohibited for twenty or fewer units or less than 20,000 square feet if
commercial, office, or industrial.
26.32.030
Application requirements.
26.32.040
Physical elements report.
26.32.050
Additional submittals.
26.32.060
Acceptance of reports.
26.32.070
Copy to buyers.
26.32.080
Physical standards for condominium conversions.
26.32.085
Minimum requirements.
26.32.090
Hearing.
26.32.100
Hearing considerations.
26.32.110
Findings.
26.32.010 Purpose.
The city finds and determines that condominiums differ from buildings in which all units
are in a single ownership in numerous respects and for the benefi
t of public health, safety and
welfare, condominium projects should be treated differently. The city therefore states its express
intent to adopt regulations for the conversion of existing buildings to condominium or cooperative
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ownership. Condominium conversion regulations are for the protection of displaced tenants and
the purchasers of condominiums and cooperatively owned buildings. The purposes ofthis chapter
are therefore:
(a) To establish criteria fox conversion of the existing multiple family rental housing to
condominiums, community apartments, cooperatively owned property, and any other subdivision
which is a conversion of existing rental housing, commercial, office or industrial buildings;
(b) To reduce the impact of such conversions on residents in rental housing and tenants in
commercial, office and industrial buildings who may be required Yo relocate due to the conversion
to condominium ownership by providing for procedures for notification and adequate time and
assistance for such relocation;
(c) To assure that adequate information as to about the physical conditions of the structure
which is offered fox purchase is made available to purchasers of converted housing, commercial,
office or industrial spaces;
(d) To insure that converted properties achieve a high degree of appearance, quality and
safety and is consistent with the general plan and zoning goals of the city;
(e) To provide a reasonable balance of ownership an
d rental housing in the city and a
variety of choices of tenure, type, price, and location of housing; and
(f) To maintain a supply of rental housing for elderly, handicapped, and low and moderate
income persons.
26.32.020 Condominium conversion permit required.
Before final approval and issuance of any building permit for any condominium conversion
project, a developer, builder or other person seeking to construct such a project shall first apply for
and obtain from the planning commission a condominium conversion permit. Such condominium
conversion permit shall be issued only:
(a) Upon approval of the plan
ning commission, or city council upon appeal orreview, after
it determines that the project has
adequately met all the disclosure and upgrade requirements fox
conversion as required in this chapter or the planning commission has waive the requirement based
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on findings related to the property; and
(b) Upon approval of the planning commission, or city council upon appeal or review, after
it determines that such the project conforms to all applicable zoning regulations of title 25 of this
code; and
(c) Upon the payment of fees in the amount required by section 26. 24.090 and council
resolution.
Applications for condominium new construction permits shall be evaluated and processed pursuant
to the procedural requirements set forth for conditional use permits in title 25 of this code.
26.32.025 Conversion prohibited for twenty or fewer units or less than 20,000 square feet
if commercial, office, or industrial.
No application shall be accepted, and no conversion shall be allowed, for any residential
project which will produce twenty (20) or fewer condominium units or if in a commercial, office
ox industrial structure, containing less than 20,000 square feet of building area.
26.32.030 Application requirements.
No application for a condominium conversion project shall be accepted for any purpose
unless the application includes the following:
(a) A site plan based on a site surv
ey with at least the following details shown to scale:
(1) The location, height, gross floor area and proposed uses for each existing structure to
remain and for each proposed new structure;
(2) The location, use and type of surfacing for all open storage areas;
(3) The location an
d type of surfacing for all driveways, pedestrian ways, vehicle parking
areas and curb cuts;
(4) The location, height and type of materials for walls or fences;
(5) The location of all landscaped areas, the type of landscaping and method of irrigation;
(6) The location and description of all recreational facilities;
(7) The location, size and number of parking spaces to be used in conjunction with each
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condominium unit;
(8) The location, type and size of all drainage pipes and structures;
(9) The location and type of all on-site and nearest off site fire hydrants;
(10) A detailed lighting plan indicat ng location and nature ohting and lighting fixtures
on the site and structure and in the common areas;
(11) The location, type and size of all on-site and adjacent overhead utility lines; and
(12) A grading plan showing existing contours, building pad elevations and percent slope
for all driveways and parking areas.
(b) Fully dimensioned elevation plans for all structures on the site, showing the
architectural features and type of material of construction.
26.32.040 Physical elements report.
Areport on the physical elements of all structures andfacilities shall also be submitted with
the application. The report shall include, but not be limited to, the following:
(a) Areport detailing the structural condition of all elements including structures, paving
and fences of the property including, but not limited to, foundations, electrical, plumbing, utili
ties,
walls, ceilings, windows, recreational facilities, fire protection sprinklers, alarms, mechanical
equipment, roof, parking facilities and appliances, including all appliances installed in each unit.
Such report shall be prepared by a registered civil or structural engineer.
Regarding each such element, the report
shall state, to the best knowledge or estimate of
the professional preparing the report, when such element was
built, the condition of each element,
when the element was replaced, the approximate date upon which the element will require
replacement, the remaining useful life of the element, the cost of replacing the element, and any
variation to the physical condition of the element from the current zoning and from the building
code in effect on the date of the report. The report shall identify any defective or unsafe elements
and set forth the proposed corrective measures to be employed, including making all structures
compliant with the California Building and Fire Codes in effect at the time the report is submitted
to the city;
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(b) A report containing acoustical test data which indicates the noise attenuation
characteristics of existing party walls and ceilings. The data for such report shall include a
representative sampling of units involved in the project, but in no case fewer than two dwelling
units, and shall be compiled by a qualified licensed acoustical engineer experienced in the field of
acoustical testing and engineering. The consultant shall be selected by the city and shall perform
the sampling in areas or units as approved or directed by the city.
(c) A report prepared by a licensed civil engineer evaluating the prospects for providing
separate utilities for the individual units;
(d) Astudy ofoff-street parking, on-site maneuvering and parking stall access provided
on site prepared by a licensed civil engineer;
(e) A report from a licensed structural pest control operator, approved by the city, on each
structure and each unit within the stnrcture.
(f) A report prepared by a licensed soils engineer on any lmown soil and geological
conditions regarding soil deposits, rock formations, faults, groundwater and landslides in the
vicinity of the project, and a statement regarding any known evidence of soils problems relating
to the structures. Reference shall be made to any previous soils reports for the site and a copy
submitted with the report.
(g) A statement of repairs an
d improvements to be made by the subdivider necessary to
refurbish and restore the project to achieve a high degree of appearan
ce and to achieve full
compliance with the current, applicable requirements ofthe California Building and Fire Codes an
d
requirements of the zoning code.
(h) Provisions for the dedication of land or easements for street widening, publi
c access
or other public purpose, where necessary
, and in accordance with established planned
improvements.
I 26.32.050 Additional submittals.
The following shall also be submitted with the application:
(a) A draft declaration of the covenants, conditions and restrictions, conforming to
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Department of Real Estate requirements, which would be applied on behalf of any and all owners
of condominium units within the project. The draft declaration shall include, but not necessarily
be limited to, the conveyance of units, the assignment of parking, an agreement for common area
maintenance, including facilities and landscaping (together with an estimate of any initial
assessment fees anticipated for such maintenance), description of a provision for maintenance of
all vehicular access areas within the project; and an indication of appropriate responsibilities for
maintenance of all utility lines and services for each unit, provide for on-going maintenance of
landscaping and physical facilities on the site including all structures and fencing, and designation
of the responsibility to the condominium association to require and enforce that all onsite parking
spaces shall be used only by operating vehicles and not for storage of boats, camper shells or other
personal possessions. The declaration shall include all provisions required pursuant to tenant
retention and relocation requirements of chapter 26.33 of this code.
(b) Specific information concerning the demographic characteristics of the project,
including but not limited to the following:
(I) Square footage and number of rooms in each unit,
(2) Rental rate history for each type of unit for previous two years,
(3) Monthly vacancy rate for each month during the preceding two years,
(4) Composition of existing tenant households, including household size, length of
residence, age of tenants, an
d whether receiving federal or state rent subsidies or number of
employees by tenan
t and rents charged for commercial, industrial, and office uses;
(5) Proposed sales price of units,
(6) Proposed homeowners association fee,
(7) Proposed financing, and
(8) Names and addresses of all tenants.
When the developer can conclusively demonstrate that some of this information is not available,
this requirement may be modified by the planning department;
(c) Signed copies from each tenan
t of a notice of intent to convert as required by this code,
or for tenants from whom a notice of intent to convert is not submitted by applicant, proof 0
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by certified mail to such tenants. At the election of the applicant, the copies of the notice of intent
to convert and the proof ofnoLice shall be submitted after the filing ofthe application, provided that
such copies and proof shall bes e prior to any public hearing on the proposed conversion;
(d) Signed consent to the conversion by the tenants of at least a majority of the units;
(e) Any other information which, in the opinion of the planning department, will assist in
determining whether the proposed project will be consistent with the purposes of this code.
26.32.060 Acceptance of reports.
The final form of the site plan, physical elements report and other submitted documents
shall be as approved by the city. The reports in their accepted form shall remain on file with the
planning department for review by any interested persons.
26.32.070 Copy to buyers.
A summary of all reports required by this code, in a form approved by the city, shall be
provided to each person executing any purchase, rental or other agreement to purchase or occupy
a unit in the project. Copies of the full reports shall be made available at all times at the sales office
and shall be posted at various locations, as may be required by the city, at the project site.
� 26.32.080 Physical standards for condominium conversions.
(a) Adequate Physical Conditions. To achieve the purpose of this chapter, the planning
commission shall require, except as may otherwise be provided in this code, that all
units to be
converted to condominium conform to the Burlingame Municipal Code in effect at the time of
tentative map approval, including all building and fire codes.
All violations of the city code and all required modifications of units of the project must
be corrected prior to the approval of the final map, or, upon approval of the planning commission,
funds shall be adequately escrowed, prior to the closing of escrow of a unit, to assure completion
thereafter of such corrective work.
(b) Specific Physical Standards. In addition to any other requirements, the following
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specific standards and requirements shall be met:
(1) Fire Prevention -- Smoke Detectors and Sprinklers. Each condominium unit whether
residential, commercial, industrial or office, shall be provided with afire sprinkler system and
approved detectors of products of combustion other than heat conforming to the latest California
Building and Fire Code standards.
(2) Sound Transmission.
(A) Shock Mounting of Mechanical Equipment. All permanent mechanical equipment,
such as motors, compressors, pumps and compactors which are determined by the chief building
official to be a source of structural vibration or structure -borne noise shall be shock mounted with
inertia blocks or bases and/or vibration isolators in a manner approved by the chief building
official.
(B) Noise Standards. The structure shall conform to all exterior and interior sound
transmission standards ofthe California Building Code and the city's general plan. In those cases
where present standards cannot reasonably be met, the planning commission may require the
applicant to notify potential buyers of the noise deficiency currently existing within these units.
(3) Utility Metering.
(A) The consumption of gas and electricity within each unit shall be separately metered so
that the unit owner can be separately billed for each utility. A water shut-off valve shall be provided
for each unit or for each plumbing fixture. The planning commission may find at the time of
approval that individual metering of gas and electricity is impractical and excessively expensive
and waive those requirements. Each unit having individual meter(s) or heater(s) shall have access
to its own meter(s) and heater(s) which shall not require entry through another unit.
(B) Each unit shall have its own panel, or access thereto, for
all electrical circuits which
I serve the unit.
(4) Private Storage Space. Each unit shall have at least two hundred (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 maybe provided in an
y location approved
by the planning commission, but shall not
be divided into two (2) or more locations. In cases where
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the developer can demonstrate that this standard cannot reasonably be met, this standard may be
modified by the planning commission.
(5) Laundry Facilities in Residential Projects. For residential projects, either a laundry area
in each unit or common laundry areas shall be provided; provided such facilities shall consist of
not less than one automatic washer and dryer for each common five units or fraction thereof In
such cases where the developer can demonstrate that this standard cannot reasonably be met, this
standard may be modified by the planning commission.
(6) Landscape Maintenance. All landscaping shall be restored or replanted as necessary
taking into consideration shade and sun patterns on the site and shall be irrigated and maintained
to achieve a high degree of appearance and quality; front setback landscaping may be 50% to
provide for an on-site delivery area and, with a special permit, landscaping may be reduced to 45%
of the front setback if a circular driveway is provided; if the front setback is altered to provide
on-site parking for delivery vehicles or to provide a circular driveway, the front setback shall be
relandscaped with the emphasis on planting large scale and more vertical plant material which will
frame and screen the view of the structure from the street and turf and ground cover areas in the
front setback shall be minimized.
(7) Condifion of Equipment and Appliances. The developer shall provide written
certification to the buyer of each unit at the close of escrow that any dishwas
hers, garbage
disposals, stoves, refrigerators, hot watertanks, air conditioners and any other major appliances that
are provided are in operable working condition as of the close of escrow. At such time as the
homeowners association takes over management of the development, the developer shall provide
written certification 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 is in
operable working condition.
(8) Refurbishing an
d Restoration. All main buildings, structures, fences, patio enclosures,
carports, accessory buildings, sidewalks, driveways, landscaped areas an
d additional elements as
required by the Planning Depart
ment shall be refurbished and restored as necessary to achieve a
high degree of appearance, quality and safety.
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26.32.085 Minimum Requirements.
Except as otherwise provided by law, in approving or conditionally approving any
condominium project, the following shall be required:
(a) Parking.
(1) For multiple family residential condominiums, there shall be off-street parking as
required by chapter 25.70 of this code and at least one parking space shall be in the ownership of
each residential unit. No on-site parking spaces shall be rented or leased to any on- or off-site
person. Compact parking spaces shall be allowed in residential condominium development in the
following ratio:
Required Parking Spaces
1-10
10-20
Over 20
Allowable Compact Spaces
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(2) On-site guest parking spaces shall be provided for all residential condominium and
cooperative developments. Guest parking spaces shall be held in common ownership, shall not be
rented or assigned to residents or non-residents, and shall not be sold or transferred except with the
sale of all units as a single entity. Guest parking spaces may be designed to compact standards as
defined in chapter 25.70. Guest parking spaces shall be provided in residential condominium and
cooperative development in the following ratio:
Number of Dwelling Units Required Guest Parking Spaces
2 to 4 units 1
5-15 units 2
15 or more 3
(3) All residential condominium developments shall provide an area for on-site deliveries.
(4) For commercial and industrial condominiums, there shall be off street parking as
required by chapter 25.70, which may include compact parking as allowed in chapter 25.70.
(5) Parking requirements compliant with the American Disabilities Act shall be provided
on site as required by the California Building Standards Code as amended by this code.
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(b) Access, vehicular driveways, and parking areas.
(1) Allprivate streets, driveways, and parking areas shall be improved and constructedwith
a structural section in accordance with city standards. They shall be designed and maintained to
insure access for municipal services to any dwelling unit therein.
(2) Only temporary parking for service vehicles shall be allowed in the driveway between
the frontproperiy line and the face of the building. Calculation ofprivate open space and common
open space at ground level shall not include any vehicular driveways or parking areas.
(c) Side Setback Requirements. Side setbacks shall be five (5) feet minimum or greater as
determined by the zoning requirements for multiple family or commercial development, as
applicable, as provided in title 25.
(d) Conditions, Covenants and Restrictions Agreements. Conditions, covenants and
restrictions agreements shall contain, but not be limited to, adequate provisions for maintenance,
repair and upkeep of all structures, site landscaping and other on-site improvements; provisions that
in the event of destruction or abolishment, reconstruction shall be in accordance with codes in
effect at the time of such reconstruction; and provisions for dedication of land or establishment of
easements for street widening or other public purpose. Covenants, conditions and restrictions shall
describe: powers, duties, rights and obligations set forth in Civil Code section 1355; the proposed
form of owners' association; and suggested by-laws, maintenance agreements, use restrictions, and
special funds to cover emergency repairs; and require and enforce that on-site parking spaces be
owned or assigned to condominium owners or held in common ownership by the condominium
association shall be used only by bicycles or currently registered and operable motor vehicles as
defined by the Vehicle Code.
(e) Landscaping and Open Space Standards.
(1) Front setback landscaping for residential condominium or cooperative development.
Landscaping is required between the front propert
y line and face of the building equal to and not
less than fifty percent (50%) of the lot area within the required front setback. Emphasis should be
placed on minimizing turf and ground cover areas and on planting larger scale and more vertical
plant material which will frame and screen the view of the structure from the street. if a circular
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drive is provided a special permit may be requested to reduce the required front setback
landscaping to forty-five percent (45%) of Lite lot area within the required front setback.
(2) Site landscaping shall be suitable fox the specific sun shade environment of the lot.
(3) Private open space for residential condominium or cooperative development. Private
open space shall be provided for each unit and shall be contiguous and directly accessible to each
unit. Private open space may be paved or landscaped and shall be screened or fenced for the
privacy of the residential unit when located within four (4) feet of established grade. Decks and
balconies when designated for outdoor use may be used to satisfy this requirement. The following
minimum standards for private open space shall apply:
(A) Seventy-five (75) square feet for each ground floor unit with no dimension of the
designated area less than ten (10) feet;
(B) Seventy-five (75) square feet for each unit above the ground floor with no dimension
of a designated area less than three and one-half (3 ''/z) feet.
(4) Common open space for residential condominium and cooperative development.. hl
addition to private open space, open space accessible to or enjoyed by all proj ectresidents shall be
provided at not less than one hundred (100) square feet per dwelling unit, with no dimension of any
designated common open space area to be less than fifteen (15) feet. Such common areas may be
designed for passive or active use, and include landscaping or paving, provided such paving does
not exceed fifty percent (50%) of the total required area. All such areas shall be at or within six
(6) feet of established grade; roof top areas shall not qualify as common open space.
(5) Common open space for commercial and industrial condominium and cooperative
developments. Common open space shall be provided as required by the zoning district
requirements based on the location of the development.
(f) Project Plans and Submittals. Project plans shall indicate accessibility for owners,
guests, employees an
d customers to parking, storage, recreation and service areas; separation
between living units and along property lines; provisions for security; orientation with respect to
surrounding buildings and land uses; the location and type of utilities, building services and
separate facilities for individual units and access easements to make repairs including:
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(1) Separate gas and electric meters and separate water shutoff valves; individual
residential unit climate controls and any proposed climate zones (based on types of unit uses) for
on -residential condominium projects;
(2) Shock mounting of mechanical equipment to reduce sound transfer;
(3) Flexible connectors for electrical and plumbing connections;
(4) Sound levels shall satisfy adopted noise element criteria and all State standards;
(5) Other reports may be required by the city as a condition for approving a condominium
permit including an economic report, social impact of relocation procedures; report of structural
condition; report onbuilding compliance with all building, fire and zoning codes for proposed uses;
certificate of occupancy; and sufficient additional information prepared by licensed professionals
to evaluate the soundness of the conversion proposed project.
26.32.090 Hearing.
At the time of the hearing on the tentative map, the planning cornnussion shall also hold
a hearing on the conversion permit. Notice of the hearing shall be given to all tenants of the
proposed conversion an
d posted on the property.
26.32.100 Hearing considerations.
At the hearing on the application for conversion to condominiums, the planning
commission shall consider the following:
(a) The opinions of the tenants of the project as to whether the proposed conversion
protects their interests;
(b) Whether or not the amount and impact of the displacement of tenants, if the conversion
is approved, would be detrimental to the health, safety or general welfare of the community;
(c) The role that the commercial, industrial, office or apart
ment structure plays in the
existing rental market for that use and whether this role is substantially altered by the proposed
conversion in the light of the tenant protection provisions in this code. Part
icular emphasis should
be placed on the evaluation of rental structures to determine if the existing bung is serving low
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and moderate income tenants, or special groups of tenants such as elderly or handicapped;
(d) If applicable, whether or not lower cost home ownership opportunities willbe increased
by the conversion of apartments to condominiums, stock cooperatives or community apartments;
FTifl
(e) Whether tenants will have substantial difficulty in obtaining comparably priced
facilitiesI
26.32.110 Findings.
The planning commission shall not issue a permit for condominium conversion unless the
planning commission finds that:
(a) All provisions of this chapter are met;
(b) The proposed conversion is consistent with the city's general plan;
(c) The proposed conversion will conform to this code and other applicable code
provisions, if any, in effect at the time of tentative map approval, except as otherwise provided in
this chapter or specifically excepted by the planning commission; and
(d) The overall design and physical condition of the condominium conversion achieves a
high degree of appearance, quality, an
d safety.
Section 3. This ordinance shall be published as required by law and shall take effect thirty
days after its adoption.
f
J J.i✓
*/ I
I, DORIS MORTENSEN, Deputy City Clerk of the City of Burlingame, do hereby
certify that the foregoing ordinance was introduced at a regular meeting of the City Council held
on the 21 t day of April, 2003, and adopted thereafter at a regular meeting of the City Council held
on the 5' day of May, 2003, by the following vote:
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AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, JANNEY, 0 MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Deputy City Clerk
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