§ 13-54.53. Non-residential common interest development conversions-additional standards

(a) Applicability. The provisions of this section shall apply to all conversions of occupied or previously occupied non-residential developments to common interest developments proposed on a real property within the appropriately zoned districts. These provisions are in addition to those set forth in section 13-54.52, non-residential common interest developments.

(b) Restrictions in urban plan areas. Conversions of occupied or previously occupied non-residential developments to common interest developments shall only be permitted in an urban plan area if the final review authority finds and determines that the proposed conversion is consistent with the applicable mixed-use overlay zoning district. Specifically, the proposed conversion supports a mixed-use development or a similar land use that is not allowed in the base zoning district, or the proposed conversion project is a residential common interest development that is permitted by either the base or overlay zoning district.

(c) Inspection fee. The applicant shall pay an inspection fee, established by the city council, to determine compliance of the existing units with all appropriate building codes, as noted in subsection (f)(2).

(d) Documents required. The applicant shall submit the following documents in addition to those set forth in section 13-54.52(c), non-residential common interest developments. To the extent applicable, the following report requirements may be satisfied by submission of copies of similar reports filed with state agencies. The reports shall include information on what improvements, if any, shall be accomplished by the applicant and when such improvements shall be completed. All improvements cited in the reports, whether required or voluntary, shall be placed as conditions of approval in conjunction with the approval of the request to convert to a common interest development, and the improvements shall be completed prior to recordation of the subdivision map.

(1) Structural report. A detailed structural report by a California-registered structural or civil engineer identifying the following information:

a. Date of original construction of all structures.

b. Any evidence of soils problems.

c. The condition of the building foundations, walls, ceilings, windows, doors, parking facilities, drainage facilities, refuse disposal facilities; and exterior lighting.

d. Certification that all walls and floor/ceiling assemblies comply with current code requirements for sound transmission. Non-compliant walls and floor/ceiling assemblies shall be identified for replacement or other appropriate remediation.

e. Certification that the building's wood frames, sill plates, anchor bolts, connections, and foundation have been inspected and have a minimum life of twenty-five (25) years and that all substandard elements have been identified for replacement or other appropriate remediation.

(2) Pest report. A report by a California-licensed structural termite and pest control specialist certifying whether or not all attached or detached structures are free of infestation and structural damage caused by pests and/or dry rot. The report shall describe what procedures would be necessary to eliminate infestation or damage, if present.

(3) Paint report. A report by a California-licensed painting contractor verifying the condition of the paint on all building interior and exterior surfaces and an estimate of the remaining physical life of the paint. A statement that new paint will be applied on all building interior and exterior surfaces may take place of the paint report. The statement shall include the brand name of the paint and the exterior colors to be used. For exterior surface, a minimum of three colors should be applied.

(4) Mold report. A report by a California-licensed mold specialist certifying whether or not all attached or detached structures are free of mold. The report shall describe what procedures would be necessary to eliminate mold, if present.

(5) Mechanical equipment report. A report by a California-registered mechanical engineer certifying that all appliance and mechanical equipment for heating and cooling comply with the current California Mechanical Code. The proper measures to remediate any noncompliant appliances and mechanical equipment shall be identified.

(6) Electrical report. A report by a California-registered electrical engineer certifying that all electrical systems comply with the California Electrical Code. The proper measures to remediate the noncompliant system components shall be identified.

(7) Plumbing report. A report by a California-licensed plumbing contractor certifying that all plumbing systems comply with the current California Plumbing Code. All above ground plumbing that does not comply with the current code shall be identified for replacement. A camera test of the sewer lateral shall also be conducted under the direction of the applicable sanitary district, and any substandard sewer laterals shall be identified for replacement by the sanitary district. Onsite sewer clean-outs shall be indicated for installation pursuant to the direction of the applicable sanitary district.

(8) Roof report. A report by a California-licensed roofing contractor verifying that the roofs of all structures have an estimated remaining physical life of at least twenty-five (25) years. A statement that new roof material will be applied may take place of the roof report. The statement shall include the specifications of the proposed roofing material.

(9) Asbestos report. A report by a California-licensed asbestos specialist indicating that the property does not pose any health hazards related to asbestos. The proper measures to remediate asbestos shall be identified, if necessary. This report is only required for buildings that were constructed prior to 1980.

(e) Review procedures. The following are processing requirements in addition to those set forth in Chapter III Planning Applications.

(1) Upon receipt of the application and all required documents, the planning division shall submit copies of applicable reports or documents to the fire department, building safety division and other appropriate departments.

(2) The development services director shall require an inspection of all buildings and structures in the existing development. An inspection report shall be prepared at or under his/her direction identifying all items found to be in violation of current code requirements for such buildings or structures, or found to be hazardous.

(3) The fire marshal may inspect the project to determine the sufficiency of fire protection systems serving the project and report on any deficiencies.

(4) The planning division may submit copies of such documents required in subsection (d) to other departments for their review and requirements.

(5) The planning division shall review the property report submitted by the applicant and may require its revision and resubmission if found inadequate in providing the required information.

(6) The planning division shall keep and maintain the copies of all required reports, as public records, for no less than five (5) years, and shall send copies to the California Real Estate Commissioner as may be required by law.

(7) A final inspection report shall be made by the building official, upon request of the applicant, indicating the compliance with all the imposed requirements.

(f) Approval criteria.

(1) The final review authority shall utilize the development standards and requirements of this article as criteria in the approval of the conversion as herein provided.

(2) No non-residential common interest development conversion shall be approved until all required documents have been submitted, reviewed and found to comply with the provisions of applicable state law and this Zoning Code.

(3) All units shall be required to comply with current requirements for vibration transmission, energy insulation, sound transmission control (both interior and exterior), and fire detection systems.

(4) Each unit shall be separately metered for gas, electricity, and water, unless the declaration of covenants provides for the association to take responsibility of the utilities.

(5) The city council may adopt general standards that may be applied to non-residential common interest development conversion applications on a case-by-case basis. The final review authority may use these standards to impose conditions of approval on non-residential common interest development conversion applications to achieve the purpose of this article.

(g) Conversion standards. The project shall be brought into compliance with the following minimum construction standards, unless the building official approves an alternate method of construction. Prior to recordation of the subdivision map, applicable building permits shall be obtained, and all improvements shall be constructed, inspected, and receive final city approval for the required improvements in this section and for any health and safety code violations.

(1) Life safety standards. The following improvements shall be provided in accordance with the provisions of the California Building Code or any successor statute or regulation, unless otherwise noted.

a. Each unit shall have access to the electrical branch circuits that serve the unit.

b. Smoke detectors shall be installed and operating. All existing hard-wired units shall be in working order and any additional smoke detectors that are required by code shall be located and installed.

c. Ground fault circuit interrupter protection shall be provided where required by the currently adopted electrical code.

d. Portable fire extinguishers shall be provided in accordance with the California Fire Code or any successor statute or regulation.

(2) Plumbing requirements. The following improvements shall be provided in accordance with the provisions of the California Plumbing Code or any successor statute or regulation.

a. A temperature and pressure relief valve shall be provided for all water heaters.

b. Water heaters shall be seismically braced with a minimum of two (2) straps.

c. Water heaters shall be properly vented to the outside and shall be provided with sufficient combustion air.

d. Potable water shall have a backflow protection where necessary to prevent potential cross connection.

(3) Compliance with Zoning Code provisions. With the exception of building intensity (floor area ratio) standards, the project shall comply with all requirements of this Zoning Code, including but not limited to building setbacks, distance between buildings, parking, open space, and landscaping requirements, unless any Zoning Code requirement is superceded by an adopted specific plan or urban plan. The final review authority may approve a deviation from a Zoning Code standard in conjunction with the review of the conversion request, in conformance with the findings in section 13-29(g)(10).

(4) Refurbishing and restorations. All main buildings, structures, walls, fences, carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements as required by the final review authority shall be refurbished and restored as appropriate for a high standard of appearance, quality, and safety. Specific improvements include:

a. Installation of all remedial improvements identified in the reports submitted pursuant to by section 13-54.53(d), documents required.

b. Installation of appropriate improvements that ensure acceptable sound transmission levels between units in each building in conformance with the current California Building Code.

c. Replacement of all gas lines (both interior and exterior) that do not comply with current code and conduct appropriate pressure test.

d. Installation of double-glazed, low-E windows and exterior doors.

e. Installation of new sinks, faucets, toilets. Low water flow plumbing fixtures are recommended.

f. Waterproof all exterior landings and staircases.

(Ord. No. 07-17, § 1f., 10-2-07 )