21.16.048 Findings for approval of condominiums in new buildings.
A. The Planning Commission shall make the findings required for approval of a tentative map, and shall not deny or impose any conditions on a tentative map, under the following circumstances:
1. The tentative map is required solely in order to permit the establishment of condominiums in a building in which the units which are proposed to be condominiums have never been rented because the units are to be, or have recently been, constructed;
2. The application for the use permit required to construct the building disclosed that the units which are the subject of the tentative map were intended to be condominiums;
3. The construction of the building units has received all discretionary approvals required under the Zoning Ordinance; and
4. The Zoning Adjustments Board made all of the findings required by the Subdivision Map Act and this chapter for approval of a tentative map.
B. This section shall not apply if, at the time the matter comes before the Planning Commission, relevant conditions have changed in a manner which significantly affects the continuing validity of the findings made by the Zoning Adjustments Board pursuant to paragraph A.4 of this section.
C. Nothing in this section limits the Planning Commission’s authority to impose conditions on tentative subdivision maps for technical reasons necessary to comply with the Subdivision Map Act or this title and which do not relate to the establishment of condominiums in the building per se.
D. No Certificate of Occupancy may be issued for any building subject to paragraph A. of this section until that tentative map is approved and final as to the City. (Ord. 6594-NS § 2, 2000)