Resolution 1982- 84
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RESOLUTION NO. 82-84
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
ADOPTING A COMMERCIAL AND INDUSTRIAL CONDOMINIUM
POLICY
WHEREAS, after study, the Planning Commission and
staff has prepared and recommended adoption of the attached
policy for commercial and industrial condominiums in the
City of Gilroy, and good cause appearing therefor,
NOW, THEREFORE, BE IT RESOLVED that the Council of
the City of Gilroy approves the attached policy and adopts
the same for the regulation of commercial and industrial
condominiums in the City of Gilroy.
PASSED AND ADOPTED this 17th day of May, 1982,
by the following vote:
AYES:
COUNCILMEMBERS: ALBERT, GAGE, HUGHAN,
TAYLOR, VALDEZ and LINK
COUNCILMEMBERS: NONE
COUNCILMEMBERS: GOODRICH
NOES:
ABSENT:
APPROVED:
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Mayor ... ro em
ATTEST:
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r..l:.. ty er
RESOLUTION NO. 82-84
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PLANNING
DEPARTMENT
Adopted by City Council 5-17-82
Resolution #82-84
COMMERCIAL AND I~IDUSTRIAL CONDOMINIUM POLICY
All proposals for construction of new commercial and industrial condominium
or cooperative ownership projects or conversion of existing buildings to
condominium or cooperative ownership shall be reviewed for conformance with
this policy. Each development or conversion application shall include:
1) A Tentative r~p and application, 2) A copy of all materials requested in
this policy and 3) Any other applications that may be required for the
proposed development or conversion.
1. A condominium or cooperative ownership project, or con~ersion of any
existing str~cture or structures, shall conform to and be in accordance
with all requirements of the Building Code, Fire Code, Zoning Ordinance
and General Plan at the time of construction or conversion. These
projects shall be reviewed for adequate provision of high quality
building design for both building siting and structllral integrity. In
making such determinations, the Architecture and Site Committee, the
Planning Commission and City Council should consider such factors as
public health, safety, welfare and relative overall benefit to the
citizens of Gilroy, as they apply to each particular case.
2. Each new or conversion project shall provide the following documents to
individual unit purchasers and to the City:
a. A copy of the conditions, covenants and restrictions for the
condominium development.
b. A list of all services and facilities to be furnished to individual
owners and a statemerit of all fees and other conditions applicable to
the use of such services and facilities.
c. A statement of the estimated annual operating and maintenance costs
for all common facilities and services for the next three years as
prepared or reviewed by a profes~ional management firm familiar with
operating and maintenance costs of similar property in the area.
d. A statement clarifying for the owners their rights and obligations
in regards to all common open spaces and facilities. No contract for
management, operation, or maintenance of common areas may extend more
than thirty (30) days beyond the time at which majority control of
the owners association passes to individual unit owners, unless
approved by the owners association after majority control has passed
to individual owners.
3. Each new or conversion project shall meet the following requirements:
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Com. & Ind. Condominium Policy
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5/17/82
a. Industrial and commercial condominium or cooperative ownership
projects shall have a minimum two-hour fire separation between all
units; except an office building within a professional office zoning
district shall have a minimum one-hour fire separation. Separation of
units shall include walls and floor/ceiling construction in a
multi-story structure. No business that requires more than a two-hour
separation from other units shall be allowed unless the structure is
designed to accommodate such hazardous uses.
b. Separate utility meters (gas, electric, water) shall be provided to
serve individual units. Utility service lines serving more than one
unit shall be located in the common areas.
c. Mechanical equipment, such as air conditioning units, shall be shock
mounted to minimize noise and vibration.
d. As a condition of subdivision, an owners association shall be
established assuming responsibility for maintenance of all common
areas and landscaping.
e. Each new condominium project or condominium conversion project shall
also meet all requirements of applicable State regulations.
f. The conditions, covenants and restrictions for any such condominium or
cooperative ownership project shall incorporate wording to ensure that
no business shall be establiShed in a condominium project or
condominium conversion project that does not meet the General Plan and
Zoning Ordinance, and Building and Fire Codes applicable to the
project at the time such 'new business is established in the
condominuim project.
g. For a new or conversion project there shall be an adequate number of
~arking spaces provided to meet the project's highest potential
occupancy as regulated in the Zoning Ordinance.
h. Multi-story buildings designed for separate ownerships by floor shall
contain sound insulation between floors.
4. In addition, each project for conversion to condominium or cooperative
ownership shall be subject to the following requirements.
a. Each project shall be evaluated in the same manner and extent as new,
condominium projects, with updating and modernizing to the fullest
extent feasible as determined by the Planning Commission and the
Ci ty Council.
b. All current parking requirements for new developments shall be met.
c. A report on the physical condition of the structures and mechanical
equipment shall be provided to potential new owners.
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Com. & Ind. Condominium Policy
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5/17/82
d. A statement granting to the owners association and to all purchasers
of individual units a one-year warranty on all structures in the
project and on all electrical, heating, air-conditioning, plumbing,
ventilation equipment, and roofing shall be provided.
e. All common areas, parking area, landscaping and building facades shall
be refurbished to a condition acceptable to the Planning Commission.
f. All tenants occupying a complex to be converted shall be notified of
the intent to convert ownership and receive the eviction notice
at least six months prior to the date of eviction.
g. After tentative subdivision map approval by the Planning Commission,
no unit shall be leased to any person unless a written notice shall
have been delivered to the prospective lessee informing prospective
tenant of the contemplated conversion.
h. Provided a tenant 1s not then in default under their rental
arrangement, each tenant in a building to be converted shall be given
the right, for a period of ninety (90) days after City approval of
the final subdivision map for the conversion, to purchase his unit on
terms equal to or more favorable than the terms on which such unit is
to be offered to the general public.
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Iy SUSANNE Eo STEINMETZy City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 82-84
is an
original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the
17th
day of
May
, 19
82
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at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 28th
day of June
, 19
82
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