SUPPLEMENTAL REPORTS & COMMUNICATIONS
Office of the City Clerk
City Council of the City of Napa
Regular Meeting
May 6th, 2025
FOR THE CITY COUNCIL OF THE CITY OF NAPA
AFTERNOON SESSION
SUBMITTED PRIOR TO THE CITY COUNCIL MEETING
4. PUBLIC COMMENT
01) Email received from Jarvis Peay on April 25, 2025.
02) Email received from Ryan O’Connell on May 5, 2025.
From: King Jarvis
To: Clerk; Steve Potter; Beth Painter; Bernie Narvaez; Mary Luros; Scott Sedgley Subject: Fake News
Date: Friday, April 25, 2025 11:32:11 AM
[EXTERNAL]
We standby for the inevitable white lies in the blue eyes, goodbye, she's gone away... Jennifer got to see the real character and morally treasonous traits of her former boss. Potter is doing his ace boon coons a big solid by making sure that the City of Napa retains it's sundowner town ways and means. Double dipper credibility skipper. Dude had the audacity to pull rank on the city's 504 coordinator, mimicking the machinations of his American idol at 1600. What kind of insecure and paranoid payaso insists on having his own witness at a Zoom/TEAM meeting ? Make it make sense, milkshakehead, por favor. When Pinnochio Pacheco sends out the results of his faux investigation, RedSquare denizens will slink back to their self righteous and delusional personae and I will order a commemorative Uber Eats meal from out of Dodge, Eat me. What will have me in such glee is the fact that I can sit back and point out PP's Potter. sanctioned pulp fiction written departures from reality and the reality of common sense. Like the kids say, for real, for real. The report will generate a ton of content for our new venture into the micro poll realm of modern politics. WWTNT ? What would their neighbors think ? Looking forward to mirror casting their own wretched rhetoric.
Damn, ain't life grand, seriously, reveling in reality and extracting joy, lemonade from bureaucratic lemons. Later gator. Jarvis William Peay, Napa RE: AB 1033 - More Affordable Starter Homes in Napa
I’m writing to encourage the City of Napa to take advantage of a new tool to create more affordable homeownership opportunities in our community.
Assembly Bill 1033, which amended Government Code Sections 65852.2 and 65852.26, gives cities the option to allow Accessory Dwelling Units (ADUs) to be sold separately from the primary home. This turns ADUs from just rental options into starter homes— creating new paths to homeownership without sprawl or major new development.
To move forward, Napa would need to update parts of its subdivision code. Since the city is already revising its zoning ordinances, this is an ideal time to study what’s needed to enable AB 1033 locally.
Cities like San José have already adopted ordinances to implement this law, and groups like the Casita Coalition offer technical guidance to cities exploring this pathway.
I respectfully urge the Council to direct staff to study what changes would be necessary to adopt AB 1033 in Napa. A staff report could identify potential benefits, implementation steps, and how this option could expand housing access in our community.
Thank you for your time and for continuing to make Napa a place where everyone can find a home.
Sincerely,
Ryan O’Connell,
Napa Solano For Everyone
How To ADU
To Mayor Sedgley and Members of the Napa City Council,
Mayor Sedgley and Members of the Napa City Council
955 School Street PO Box 660
Napa, CA 94559 5 May 2025TO:
DATE:
(707) 564-6116
1436 2nd Street #784
Napa, CA 94558
[email protected]
Contents:
Introduction
Required Steps to Implement
Recommendations
Appendix A: Required Ordinance Language
Appendix B: City of San Jose Example Local Ordinance and Materials AB1033 – HOW TO IMPLEMENT NEW STATE ADU CONDOMINIUM LAW Today , nearly 20% of housing units built in California are accessory dwelling units (“ADUs”). According to the California Association of Realtors Housing Affordability Index, only 17% of households can afford a single-family home, less than half of the national average. In many States across the country , ADU condo conversion projects are re-enabling a generation of home buyers to live in the communities of their choice near work and family . The State of Washington recently required all local agencies to allow conversions of a primary unit and ADU to condominiums for sale.
Consequently , in Seattle and Portland 40% to 50% of ADUs constructed are sold as condominiums to new homebuyers, where they are bought for approximately half the value of a stand-alone single-family home. Such ADU condo conversion purchases are eligible for federally guaranteed mortgages, making them easy to finance for ordinary homebuyers.
The California State Legislature recently adopted a new law, AB1033, that creates affordable options for homeownership by allowing ADU’s to be sold separately from a primary unit. AB1033 removes the previous State law prohibition against mapping and selling a single-family home and its ADU as condominiums. Even though this prohibition on condo conversion has been eliminated, it is up to Local Agencies to amend their codes to allow these entry-level home ownership opportunities.
1 WHATNEEDSTOBEDONETOALLOWSALEOFADUS?
Respectinglocalcontrol,theLegislatureleftituptoLocalAgenciestoamendtheirmunicipalcode(s)toallowtheseentry-levelhomeownershipopportunitiesthroughthesaleofADUs.TheCasitaCoalitionandReuben,Junius,andRose,LLPhavedevelopedthisguidanceto encourageyourLocalAgencyto makethefollowingchangestoyourcode(s),proceduresandpoliciestore-enableCalifornianspricedoutof manyof ourcommunitiesto onceagainhavea dreamof buyinga homebyenablingmorenaturally-affordablecondominiumsforsale.
RECOMMENDEDSTEPSTOIMPLEMENTSALEOFADUS
1. EliminateSaleRestrictions.RemoveallprovisionsinyourmunicipalcodethatprohibitsthesaleorotherconveyanceofanADU.TheserestrictionsaretypicallyincludedinlocalCondominiumCodesandZoningCodes.
2. AdoptLegislationExpresslyAllowingADUSales.To alignlocalruleswithStatelaw, adoptchangestothemunicipalcodethatallowconversionofa homeanditsADUintocondominiumssubjecttotherequirementsoftheDavisSterlingCommonInterestDevelopmentAct(Cal.Govt.CodeSec.66410-66499.40.)Appropriateamendmenttextwilldifferdependingontheexistingmunicipalcode,butAB1033requiresa listofexpressprovisionsbeincludedinsuchlocalordinance,attachedattheendofthisdocument.
3. PublishADUChecklists.Providea comprehensivechecklistforanyADUbuildingpermitandforADUcondominium/subdivisionprojects,indicatingSubdivisionMapActcomplianceandlendersubordinationinformation.
4. FirstRightof Offerto OwnerOccupants.To furtherencouragenewhomeownership,considerincludinga conditionof approvalforestablishingcondominiumsofa primaryunitandADUgivinga firstrightofofferforaperiodof 45 dayson publiclyaccessibledatabases,e.g.,MLS,to buyers 2 indicatingan intentto livein the property(eitherthemselvesor theirimmediatefamily).To avoidissueswithlenders,however, do notrequireowneroccupancy.
5. Create“GrowHomeownership”Program. Establisha programwithdedicatedstaffthatexpeditesADUcondominiumprocessingwithfirstcommentsto be issuedwithin45 daysof submissionof a completeapplication.● Considerwaivingor reducingapplicationandimpactfeesotherwiseappliedtocondominiums.● TheGrowHomeownershipProgramcouldbepairedwithotherfundingprogramsyourjurisdictionmayhave,e.g.,throughSB2(2017)funds.
UPDATE:CITYOFSANJOSEFIRSTTOOPT-IN
InJune2024,theCityofSanJose’s CityCouncilvotedtoapproveandincorporatethenewstateprovisionsintotheirlocalordinance.
Documentsandresourcesdevelopedby the cityof SanJoseare includedinAppendixB of thismemoas examplesof onecity’s ordinancelanguageandapplicantmaterials. ● ApprovedordinanceSection20.80.185ADUCondominiumRequirement● ADUCondominiumChecklist● AB1033ParcelMapChecklist● AB1033ParcelMapApplication● DevelopmentServicespageforADUcondominiumconversions○ https://www.sanjoseca.gov/businesses/development-services-permit-center/accessory-dwelling-units-adus/adu-condominium-conversions Note:SanJose’s CityCouncildidnotchoosetoincludeourrecommendedprovisionfora 45-dayexclusivelistingofADUcondostoowneroccupantpurchasers,citing 3 the urgency of their housing shortage and the desire to keep additional requirements to a minimum.
If you have any questions or would like to discuss any of the above, please do not hesitate to reach out to Justin A. Zucker from Reuben, Junius & Rose, LLP at 415.656.6489 or [email protected].
Next:
Appendix A: Required Ordinance Language (Reuben, Junius & Rose LLP) Appendix B: Example Local Ordinance and Applicant Materials 4 AB1033 – Required Text in ADU Condominium Ordinances – Cal. Govt. Code Sec. 65852.2(a)(10)
(A) The condominiums shall be created pursuant to the Davis -Stirling Commo n Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
(B) The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all objective requirements of a local subdivision ordinance. (C) Before recordation of the condominium plan, a safety inspection of the accessory dwelling unit shall be conducted as evidenced either through a certificate of occupancy from the local agency or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.
(D) (i) Neither a subdivision map nor a condominium plan shall be recorded with the county recorder in the county where the real property is located without each lienholder’s consent. The following shall apply to the consent of a lienholder:
(I) A lienholder may refuse to give consent.
(II) A lienholder may consent provided that any terms and conditions required by the lienholder are satisfied.
(ii) Prior to recordation of the initial or any subsequent modifications to t he condominium plan, written evidence of the lienholder’s consent shall be provided to the county recorder along with a signed statement from each lienholder that states as follows:
“(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have.”
(iii) The lienholder’s consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information:
(I) The lienholder’s signature.
(II) The name of the record owner or ground lessee.
(III) The legal description of the real property.
(IV) The identities of all parties with an interest in the real property as reflected in the real property records.
Appendix A
(iv) The lienholder’s consent shall be recorded in the office of the county recorder of the county in which the real property is located. (E) The local agency shall include the following notice to consumers on any accessory dwelling or junior accessory dwelling unit submittal checklist or public information issued describing requirements and permitting for accessory dwelling units, including as standard condition of any accessory dwelling unit building permit or condominium plan approval: “NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder’s consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any. In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following: (a) Paying off your current lender. You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, which consent may be denied. (b) Securing your lender’s approval of a modification to their loan collateral due to the change of your current property legal description into one or more condominium parcels. (c) Securing your lender’s consent to the details of any construction loan or ground lease. This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in the consent above is true and correct.” (F) If an accessory dwelling unit is established as a condominium, the local government shall require the homeowner to notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance. (G) (i) The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the Civil Code without the express written authorization by the existing association. (ii) For purposes of this subparagraph, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the Civil Code, and if needed pursuant to the existing association’s governing documents, membership approval of the existing association. (H) An accessory dwelling unit shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this paragraph or pursuant to Section 65852.26.
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SECTION 9. A new Part is added to Chapter 20.80 of Title 20 of the San José Municipal Code, to be numbered, entitled, and to read as follows:
Part 2.76
Accessory Dwelling Unit Condominium
20.80.181 Purpose and Applicability
This Part implements Government Code Section 6 6342, herein referred to as Assembly Bill 1033 (AB 1033). The purpose of this Part is to apply objective local development standards for subdivisions covered by AB 1033. This Part is applicable only so long as AB 1033 is operative.
Where this Part or AB 1033 conflict with any other provisions of this Code, this Part and AB 1033 shall control. Any development standard or requirement not specifically addressed by this Part or AB 1033 must conform to all other provisions of this Code and all other objective policies and requirements governing subdivisions.
Appendix B: City of San Jose Local Ordinance and Applicant Materials NVF:TLC:KML
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20.80.183 Permit Required
Pursuant to Government Code Section 66342, this Section provides for the streamlined approval for conversion of existing or new Accessory Dwelling Units (ADU) into condominiums. These condominiums shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this Part or pursuant to Government Code Section 66341. No condominium conversion to a project shall be permitted in any district unless permitted in such district and without obtaining approval of a Parcel Map pursuant to the provisions of this Title and Title 19 of the San José Municipal Code.
20.80.185 ADU Condominium Requirements
Subject to the provisions of Section 20.80.180, to achieve the purposes of this Chapter, all projects shall conform to the following requirements:
A. A maximum of two ADU condominium units shall be allowed on lots that presently allow ADUs, and could include an attached Accessory Dwelling Unit and/or a detached Accessory Dwelling Unit built in accordance with Part 2.75, (Accessory Dwelling Units), Chapter 20.80. In conjunction with the ADU condominium, the parcel map approved pursuant with this section may also include the subdivision of up to two primary dwelling units, in conformance with Part 8, Senate Bill 9 implementation, into condominiums. This allowance shall not exceed a total of four condominium units on each single -family, two-family or multi-family lot under any circumstances.
B. All structures and buildings included as part of a condominium project shall conform to the building and zoning requirements applicable to the zoning district in which the project is proposed to be located. Designation of individual NVF:TLC:KML
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condominium units shall not be deemed to reduce or eliminate any of the building and zoning requirements applicable to any such buildings or structures.
C. The condominium shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
D. The condominium shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all other objective requirements of this Part.
1 Neither a subdivision map nor a condominium plan shall be recorded with the county recorder without each lienholder’s consent. The following shall apply to the consent of a lienholder:
a. A lienholder may refuse to give consent.
b. A lienholder may consent provided that any terms and conditions required by the lienholder are satisfied.
2. Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder’s consent shall be provided to the cou nty recorder along with a signed statement from each lienholder that states as follows:
“(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have.”
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3. The lienholder’s consent shall be included on the condominium plan, or attached to the condominium plan that includes the following information:
a. The lienholder’s signature.
b. The name of the record owner or ground lessee.
c. The legal description of the real property.
d. The identities of all parties with an interest in the real property as reflected in the real property records.
e. The lienholder’s consent shall be recorded in the office of the county recorder of the county in which the real property is located.
E. An Accessory Dwelling unit shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this Part and of Title 19 of the San José Municipal Code . Prior to approval of a parcel map, a home or property owners’ association or similar entity shall be formed for any condominium project. The association shall, at a minimum, provide for the administration, management and maintenance of all common areas i ncluding landscaping, drive aisles and parking areas, maintenance of the exterior of all buildings, pool or common roof, the collection of dues, payment of public utilities not billed separately to each unit, and enforcement of standards within the project.
1. The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, shall not record a condominium plan to create a common interest development under Sect ion 4100 of the Civil Code without the express written authorization by the existing association.
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2. For purposes of this subparagraph, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the Civil Code, and if needed pursuant to the existing association’s governing docum ents, membership approval of the existing association.
F. The applicant shall prepare a declaration of covenants, conditions and restrictions (CC&Rs) which shall be recorded and apply to each owner of a condominium unit within the project. The CC&Rs shal l be recorded at, or prior to, the time of parcel map approval, and shall include all applicable conditions of approval and requirements of the City. The CC&Rs shall, at a minimum, provide:
1. That any amendment to the CC&Rs related to the conditions of approval or other requirements of this Chapter may not be approved without prior consent of the City.
2. That there shall be an entity created (e.g., a property or homeowners’ association) which shall be financially responsible for and shall provide for the effe ctive establishment, operation, management, use, repair and maintenance of all common areas and facilities.
3. A provision containing information regarding the conveyance of units and any assignment of parking, an estimate of any initial assessment fees anticipated for maintenance of common areas and facilities, and an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit.
4. A provision addressing the payment of utilities including water, sewer, gas and electricity by the homeowner or through the association.
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5. A provision requiring that any owner who rents his/her condominium unit shall conform to the homeowners’ association which is responsible for management of the common areas and enforcement of the CC&Rs.
G. In addition to such covenants, conditions, and restrictions that may be required by the Department of Real Estate of the State of California pursuant to Title 6 (Condominiums) of the Civil Code or other State laws or policies, the organization documents shall provide for the following:
1. Conveyance of units.
2. Management of common areas within the project where common areas exist.
3. A proposed annual operating budget containing a reserve fund to pay major anticipated maintenance, repair, or replacement expenses where shared common area infrastructure exists ; and indicating the association fees needed for the operating budget and reserve fund.
4. FHA regulatory agreement, if any.
H. If an accessory dwelling unit is established as a condominium, the homeowner shall notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance.
I. The ADU shall comply with all applicable technical codes including the California Building and Fire Codes. Prior to approval of the parcel map, a safety inspection of the ADU shall be conducted as evidenced through issuance of a final Building NVF:TLC:KML
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Permit or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.
J. In addition to other application submittal requirements, the following information shall be provided:
1. Statement regarding current ownership of all improvements and underlying land.
2. A site plan and boundary map showing the location of all existing easements, structures, mature and/or scenic trees, and other improvements upon the property.
3. Dimensions and location of each building or unit and the location of all fences and walls.
4. The location, size, and design for all common areas, including all facilities and amenities provided within the common areas for use by unit owners.
5. Location and condition for all paved areas, including pedestrian walkways.
6. Maintenance plan of all buildings and common areas and facilities.
SECTION 10. Section 20.90.060 of Chapter 20.90 of Title 20 of the San José Municipal Code is amended to read as follows:
20.90.060 Parking Spaces
A. Off-Street Vehicle Spaces.
PLANNING DIVISION 07/29/2024 SUBJECT TO CHANGE FOR ALL TYPES OF RESIDENTIAL PROPERTY
ADU CONDOMINIUM CHECKLIST
continued >
PLANNING DIVISION 408-535-3555 SAN JOSE CITY HALL, 200 E. SANTA CLARA ST., SAN JOSE, CA 95113 WWW.SANJOSECA.GOV/PLANNING If you are seeking to sell or otherwise convey your accessory dwelling unit (ADU) as a property separate from a primary residence, you must first apply for a condominium conversion of the residence and ADU. Use this checklist to ensure your project qualifies for a condominium conversion under the following provisions:
State law AB 1033, effective January 2024, enables condominium conversions of ADUs and California Code Section 66342 enables cities to adopt local ordinances to allow for conveyance of an ADU as a condominium. In June 2024, the San José City Council approved and incorporated state provisions into San José Ordinance No. 31095, specifying that permitted ADUs that meet all conditions may be conveyed through a Parcel Map as issued by the Public Works Department.
Only projects that meet all conditions of this checklist and that can provide the required documentation may proceed to submit a Parcel Map application.
For questions: Email [email protected] or
speak with a City Planner at 408-535-3555 during Planning's phone service hours.
Para información en español, comuníquese con un Planificador de la ciudad al 408-793-4100.
Để được hỗ trợ, nói chuyện với Người lập kế hoạch thành phố tại 408-793-4305.
INSTRUCTIONS
To fill out this checklist on a computer, download it and follow the Digital Forms instructions. For Part 1, find property information at www.SJPermits.org by clicking on “Permits & Property Information.” Then enter your address. On the next screen, click on your property and select “Property Information.” A list of designations will appear.
QUESTIONS YES NO
PART 1. PROPERTIES THAT QUALIFY
1. Is the property in San José? Use SJPermits.org as instructed above. At the “Incorporated” field, “yes” means the property is in San José; “no” means the property is in a different jurisdiction. > If yes, proceed with this checklist. If no, contact the jurisdiction where your property is located.
2. Is there a finaled building permit for the ADU/s? Use SJPermits.org to determine an ADU's building permit status. This condominium process is available only to ADUs with a building permit that has been issued by the City as finaled.
> If yes, proceed with this checklist. If no, contact the Building Division for assistance with obtaining a finaled building permit; email [email protected].
3. Does your proposal comply with the maximum allowed number of converted units? The number of converted units is limited, as follows:
For single-family, duplex, or multifamily properties - Is there a maximum conversion of one primary residence and up to two ADUs?
For a duplex project under SB 9 - Is there a maximum conversion of up to two primary residences and up to two ADUs?
> If yes, proceed with this checklist. If no, refer to the Zoning Ordinance provisions or email a Planner at [email protected] or call 408-535-3555 during Planning's phone service hours .
ADU CONDOMINIUM CHECKLIST PAGE 2 OF 3 PLANNING DIVISION 408-535-3555 SAN JOSE CITY HALL, 200 E. SANTA CLARA ST., SAN JOSE, CA 95113 WWW.SANJOSECA.GOV/PLANNING PART 2. OWNERSHIP AND AUTHORIZATION
4. Are you the owner of the property or do you have written authorization from the property owner to proceed with a Parcel Map application?
> If yes, proceed with this checklist.
5. Do you have your lienholder’s written permission for the conversion? For any existing lien, loan, or mortgage secured by the property, you must get the lienholder's written permission for the condominium conversion. Attach the lienholder’s consent to the condominium plan when submitting the Public Works application. The consent should include:
Lienholder’s signature.
Name of the owner of record or ground lessee.
Legal description of the real property.
Identities of all parties with an interest in the real property as reflected in the real property records. > If yes, proceed with this checklist.
6. Is your ADU property located in an existing Homeowners Association (HOA)? If yes, do you have written authorization to proceed with a condominium conversion? > If applicable, you must provide the written authorization from the existing HOA to proceed with your application for a condominium conversion.
PART 3. PARCEL MAP APPLICATION REQUIREMENTS
7. Does the condominium proposal conform to State Law? Is the condominium created pursuant to the Davis-Stirling Common Interest Development Act, Civil Code Division 4, Part 5 , commencing with Section 4000? And does it conform with all applicable objective requirements of Division 2 of the Subdivision Map Act, commencing with Section 66410? > If yes, proceed with this checklist.
8. Do you have a Condominium Plan for the new property? A Condominium Plan is necessary to form a Homeowners Association. The plan must be created by a licensed Surveyor or Civil Engineer and, at minimum, must incorporate the following requirements:
Establish the legal boundaries and legal description of each unit and any common areas. Conveyance of any common or private outdoor space.
> If yes, proceed with this checklist.
9. Do you have a Site Plan for the new condominiums? The Site Plan must show:
Existing buildings and structures on the subject property. Distances between buildings/structures to property lines. On-site utilities servicing existing buildings and structures and the proposed condominiums. > If yes, proceed with this checklist.
10. Have you notified utility providers of the condominium creation? For each ADU or unit to be conveyed as a separate condominium, the property owner must notify all utility providers (including water, sewer, gas, and electricity). Please contact your utility provider if you need help obtaining additional meters or new lines of service. If you propose to segregate the utilities, please provide a copy of the building permit and/or Public Works permit approval as needed.
> If yes, proceed with this checklist.
ADU CONDOMINIUM CHECKLIST PAGE 3 OF 3 PLANNING DIVISION 408-535-3555 SAN JOSE CITY HALL, 200 E. SANTA CLARA ST., SAN JOSE, CA 95113 WWW.SANJOSECA.GOV/PLANNING
11. Do you have CC&Rs prepared for each condominium unit? The HOA bylaws and declaration of covenants, conditions and restrictions (CC&Rs) must be recorded following recordation of the Parcel Map, and apply to each owner of a condominium unit within the project at the time of Parcel Map approval. It is highly recommended that these documents are prepared in consultation with an attorney. At minimum, this documentation must include:
a. There shall be an entity created, e.g., a homeowners association, which shall be financially responsible for and provide for the effective establishment, operation, management, use, repair and maintenance of all common areas and facilities.
b. Designate board members and delineate processes for resolution of potential conflicts and issues and enforcement of standards within the project. For a small association with three or fewer members, you may opt for an unincorporated association pursuant to Civil Code Section 4800, in which case you would not have a board of directors.
c. Insurance for any common areas and/or facilities.
d. Establishment of dues to be collected for maintenance of utilities, common space, and shared facilities such as shared roofs, pool, driveways, fencing, landscaping, exteriors, etc., and payment of public utilities that are not billed separately to each unit. e. A provision addressing the payment of utilities including water, sewer, gas and electricity by the homeowner or through the association.
f. A provision containing information regarding the conveyance of units and any assignment of parking; an estimate of any initial assessment fees anticipated for maintenance of common areas and facilities; and an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit.
g. A provision requiring that any owner who rents his/her condominium unit shall conform to the homeowners association which is responsible for management of the common areas and enforcement of the CC&Rs.
> If yes, proceed with this checklist.
If you meet all conditions and have all documentation specified in the checklist, you may proceed to complete the AB 1033 Parcel Map application for submittal to the Public Works Department.
SUMMARY OF REQUIRED DOCUMENTATION
Include the following with your AB 1033 Parcel Map application; see the checklist item number for details.
#4 - Property owner's written and signed authorization if applicant is other than the property owner
#5 - Lienholder's written consent if property has a lien, loan, or mortgage (attach to Condominium Plan)
#6 - HOA's written authorization if there is an existing HOA
#8 - Condominium Plan
#9 - Site Plan (attach to Condominium Plan)
#10 - Proof of notification to all utility providers used by the property
#11 - Bylaws and CC&Rs prepared and that apply to each owner of a condominium unit within the project IMPORTANT LAST STEP: OBTAIN NEW ADU ADDRESSES
A condominium conversion requires new addresses for the ADUs; they can no longer be designated as “Unit 2” or “Unit
3.” After recordation of the Parcel Map, Condominium Plan, HOA documentation, and CC&Rs, follow these instructions:
Complete Form #302-Address Assignment Request - Include the ADU finaled permit number and list the approved AB1033 Parcel Map application. You will email the form and documentation as outlined on the form to:
[email protected]
Public Works Number:
__ __ - __ __ __ __ __ __ / 3- __ __ __ __ __
Department of Public Works
Development Services
200 East Santa Clara Street
San Jose, California 95113
(408) 535-7802
Applicant Phone Number Fax Number
Street Address City State Zip Code
Surveyor / Civil Engineer Phone Number Fax Number
Street Address City State Zip Code
State License Number City Business License number
Main Contact Person Phone Number Fax Number
Street Address City State Zip Code
E-mail Address:
___ Yes, I have read the Planning ADU Condo Conversion Checklist and my property qualifies under AB1033 Site Information
Assessor Parcel Number(s) Gross Acres Net Acres
Existing Land Use Information
No. of Lots No. & Type of Units Land Use
Proposed Land Use Information
No. of Lots No. & Type of Units Land Use
APPLICATION FOR ASSEMBLY BILL 1033 (AB 1033) PARCEL MAP MAKE SURE TO INCLUDE ALL REQUIRED DOCUMENTS WITH YOUR AB1033 APPLICATION Use of this application is for a proposed residential housing development proposing no more than three condominiums (maximum of one residential condo and maximum two ADU condos) OR four condominiums (maximum of two resdientail codos for an SB9 Duplex site and maximum 2 ADU condos) within a single- family, two-family or multi-family lot. If your submital does not meet the requirements under AB1033, submit using the standard application and instructions. Refer to the specific AB1033 Instructions for all required documents needed to constitute a complete submittal.
General Questions
Revised 07/08/24
AB 1033 PARCEL MAP CHECKLIST
Yes No N/A ITEM OR DESCRIPTION
MAP SUBMITTAL PACKAGE REVIEW
PDF of AB1033 Parcel Map processed without a Tentative Map PDF of the current title report (Dated within last 90 days) Closure calculations (signed & sealed by LLS or RCE)
PDF sets of all easements, deeds and maps listed in the Title Report PDF sets of any other maps and deeds used to the prepare map PDF of Planning Planning ADU Condo Conversion Checklist filled out PDF of all documents required in the Planning ADU Condo Conversion Checklist
All Map Review Fees
MAP REVIEW (Non-compliance with bold items can trigger rejection of submittal) Formatting Requirements
C Map sheets 18" X 26" with 1" border from edge?
C/T Map includes a Scale?
C/T
Map includes complete Standard Legend? (Include all found and set pipes and monuments-Include "As Noted")
C
Map Statements formatted correctly? (Ownership statements adjacent to left margin, Engineers' Statements, Clerk's and Recorder's Certificates adjacent to right margin) C
Title block must be at the top of the page either centered or at upper right of each sheet. Should be desingated as "Parcel Map for a Residential and Accessory Dwelling Unit Condominium For a Maximum of X Residential Condo(s) and X ADU Condo(s) (AB1033)", numbered one of three, etc. and contain the description of property such as "BEING A PORTION OF THE ...ETC."
C Date of Map (Month and Year) shown
?
Please Note: This checklist summarizes major and typical topics of review. Site specific issues can and will produce additional comments.
Project ID / Description:
Reviewer / Date:
Rev. 07/08/24 Page 1 of 4
AB 1033 PARCEL MAP CHECKLIST
Yes No N/A ITEM OR DESCRIPTION
C/T Map includes a North Arrow?
C All standard notes as required, including area within distinctive border? C Index Map, if multiple sheets?
C Signatures in opaque black ink?
Map Coversheet
C
Owner's Statement includes all public and private easements required and shown on map?
C Owner name printed below signature line in ownership statement? C
Company name printed on signature line? (If corporation or partnership include company name above signature line with space for signature and name and title below line)
C Trustee and/or Beneficiary signature(s) on map?
C
Notary Certificate(s) complete and correct? (Notary Certificate filled out for each signatory with current license and no stamp.
C Engineer's/Surveyor's statement correct?
C Map signed and stamped by RCE/LLS?
C City Engineer's / City Clerk's Certificate correct?
C/T City Engineer's statement correct?
C City Engineer's statement includes Vacation clause if required? T City Land Surveyor's statement correct?
C County Recorder's Certificate correct?
C Soils/Geologic statement shown?
Rev. 07/08/24 Page 2 of 4
AB 1033 PARCEL MAP CHECKLIST
Yes No N/A ITEM OR DESCRIPTION
Technical Requirements
C
Map conforms to Tentative Map, Planning conditions, Map Act and City Muni Code?
C/T
Distinctive Border Line shown? (Distinctive Border Line around property to be subdivided-easements and ROW dedicated by this map to be within the distinctive border line)
T
Basis of Bearing indicated? (Basis of Bearing: Must be between two found monuments of record and include distance and bearing. Provide TIE to boundary with bearing and distance)
C Lots designated by numbers or letters?
C
Adjoining property owners names shown for unsubdivided property, or record map reference with lot or parcel number and book and page?
C/T Map references shown?
C Public Street Dedication shown?
C Public Service Easements and other public easements shown? C Private easements shown?
C Restricted Access required/shown?
C Geologic Set Back Zone required/shown?
C All streets shown and ROW dimensioned?
C All streets (public, private) named?
T Curve data for all curves?
T Radial Bearings for all non-tangent curves?
T Parcel tie to next sheet?
T Subdivision boundary monumentation complies with Muni Code Sec tion 19.24.010? T Existing / found monuments verified by Record Maps?
T Witness monuments shown?
T
Map agrees with Record Data? (Adjoining record maps or records of survey-(give record data and provide copies of documents))
T Record and measured data shown and differentiated?
Rev. 07/08/24 Page 3 of 4
AB 1033 PARCEL MAP CHECKLIST
Yes No N/A ITEM OR DESCRIPTION
T Closure calculations comply with Muni Code Section 19.24.010? T
Closure calculations indicate area? (Survey Closure Calculations must include: gross area within Distinctive Border line, individual lot areas and public street areas dedicated by this map)
C
Property borders County or another City? (If the property is next to city boundary with county or other city, show and label it)
C - Conformance items reviewed by Development Services staff T - Technical items reviewed by the City Land Surveyor and her staff C/T - Conformance/Technical items reviewed by both groups Rev. 07/08/24 Page 4 of 4