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A. Within the context of Section 17.66.010, the planning commission or the city council on appeal may adjust the requirements of Sections 17.66.020, 17.66.030, 17.66.040, 17.66.060, 17.66.070, 17.66.080, 17.66.090, 17.66.130 and 17.66.140 for condominium conversions of apartment buildings and complexes completed and occupied prior to the effective date of this section with the following limitations:

1. Parking. Parking shall not be reduced to less than what is required by Section 17.44.020.

2. Public Safety. Fire protection and security provisions shall not be modified without approval of the fire commander or the director of public safety, as appropriate.

3. Common Open Space. Common open space combined with private open space shall not be reduced to less than what is required by the requirements for open space of the district in which the property is located.

4. Private Open Space. Private open space shall not be reduced to less than fifty square feet for each condominium unit with a minimum horizontal dimension of not less than four feet.

5. Private Storage Space. Private storage space shall not be reduced to less than eighty cubic feet with a minimum interior dimension of two feet for those condominium units where the private storage space is to be provided in an existing carport or garage. Further, such space shall not be reduced to less than two hundred cubic feet with a minimum interior dimension of three feet for those condominium units where the private storage space is to be provided in a proposed carport or garage.

6. Minimum Unit Size. Minimum unit size for each category shall not be reduced to less than eighty-five percent of that which would otherwise be required by Section 17.66.130.

7. Perimeter Setback. Perimeter building setback shall not be reduced to a setback which is less than the yard requirements of the district in which the condominium conversion is located.

B. The adjustments described above may be approved only by individual and separate action of the planning commission based upon their findings that approved adjustments are necessary to meet other provisions of this chapter including Section 17.66.010 or that the approved adjustments will accomplish other specific project design objectives enumerated by the planning commission. Any adjustments approved by the city council as provided by this section shall be generally described in a disclosure statement in the covenants, conditions and restrictions satisfactory to the city. Adjustments not described above may only be accomplished as provided by Chapter 17.60. (Ord. 2020-07 § 2, 2020; Ord. 2004-13 § 1, 2004)