City of Avalon, CA Multiple Unit Housing Regulations

Establish criteria for the conversion of existing multiple-family rental and residential housing to condominiums and the construction of new multiple-unit projects;

Reduce the impact of conversions on residents in rental housing who may be required to relocate due to the conversion of rental units to condominiums;

Ensure that purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase;

Ensure that converted and new multiple-unit housing achieves high quality appearance and safety, and is consistent with the goals of the city's general plan and conforms or is legally nonconforming with the density requirements of the general plan's land use element;

Attempt to provide an opportunity for housing ownership of all types, for all levels of income and in a variety of locations;

Attempt to maintain a supply of rental housing for year-round persons and families for all levels of income.

§ 9-13.102 Zoning and Conditional Use Permits Required.

[§ 8, Ord. 775, eff. January 21, 1985]

No congregate housing project nor conversion of any multiple family residential structure to congregate housing shall be permitted in any zone unless such zone permits such usage and until a conditional use permit is obtained therefor.

Existing congregate housing projects which do not comply with the provisions of this section shall be deemed nonconforming uses and shall be allowed to continue operation subject to the provisions of the City of Avalon Zoning Ordinance.

§ 9-13.103 Application Requirements.

[§ 8, Ord. 775, eff. January 21, 1985; § 5, Ord. 935-96, eff. October 17, 1996]

The application for approval for a proposed congregate housing project or conversion of an existing structure shall include the following information in the number of copies and degree of detail which the Planning Director and/or Commission determines to be sufficient for distribution:

A complete legal description of the property and the location of all existing or proposed easements, structures and other improvements and trees over six inches in diameter;

Dimensioned schematic development plans depicting the existing or proposed structure, including floor plans and elevations;

Dimensioned schematic development plans depicting any exterior and/or interior changes or additions proposed to be made to the existing structure, including a site plan, elevations and floor plans;

A statement reflecting the extent to which the existing structure conforms to current development standards for the zone, including parking;

A dimensional plan depicting all proposed common open space, private open space, and private and homeowner's association storage space. If the applicant's proposal does not include allocation or construction of one or more such spaces, a written waiver request and explanation of the reasons such waiver should be granted shall be submitted with the application;

If the case of a conversion of an existing multiple family residential structure, a report prepared and signed by a licensed engineer or registered architect evaluating the structural stability of the property, stating when the property was constructed, including modifications and upgrades costing $1,000 or more, and identifying any defective or unsafe or substandard conditions as well as the proposed corrective measures to be employed to correct same;

(g)

A statement of repairs and improvements to be made by the applicant necessary to refurbish and restore the project to achieve well-maintained appearance;

(h)

In the case of an existing structure, the rental rate history for each type of unit for the two years preceding the date of the application, including information regarding the makeup of existing and prior tenant households and the number of persons and length of residence;

Such other information which the Planning Director or Commission determines necessary to evaluate the proposed project.

§ 9-13.104 Fees.

[§ 8, Ord. 775, eff. January 21, 1985]

The fee for the processing of an application for a conditional use permit for congregate housing usage shall be $2,000 per acre of the surface of the land shown on the tract map or survey as included within the project, or such fee as the City Council may establish by resolution from time to time to reimburse the City of its cost in reviewing and processing the application. The City Council may also establish a supplemental fee for the processing of an application involving the conversion of an existing multiple family structure to congregate housing usage to compensate the City for additional processing costs occasioned by such conversions.

§ 9-13.105 Criteria for Approval of Multiple Unit Housing Construction or Conversion.

[§ 8, Ord. 775, eff. January 21, 1985; § 6, Ord. 935-96, eff. October 17, 1996]

In the case of the proposed construction of new multiple unit housing, the Planning Commission shall approve or conditionally approve the application where it determines that:

It complies with the development standards for the zone, including parking, or qualifies for a variance to the extent that it does not comply with the development standards;

It provides adequate common open space, private open space, and private and homeowner's association storage space, taking into account any unusual circumstances of the project's location, site, or configuration, the extent to which the size and location of each unit provides adequate alternatives for such space, and any mitigating features incorporated in the project; and

(3)

The proposal meets the criteria for approval conditional use permit as specified in §§ 9-13.103 and 9-13.106.

In the case of the proposed conversion of an existing multiple unit structure, the Planning Commission shall approve or conditionally approve the application where it determines that:

The structure complies with the development standards for the zone or is legally nonconforming;

The structure is in sound physical and structural condition or adequate corrective measures have been submitted and made a condition of approval;

(3)

The structure provides adequate common open space, private open space, and private and homeowner's association storage space, taking into account any unusual circumstances of the project's location, site, or configuration, the extent to which the size and location of each unit provides adequate alternatives for such space, and any mitigating features incorporated in the project; and

(4)

The proposal meets the criteria for approval conditional use permit as specified in § 9-13.103.

The Planning Commission is empowered to impose conditions on its approval of the conditional use permit as it determines are necessary to further the purpose of this chapter and of the City's general plan.

§ 9-13.106 Congregate Housing Development Criteria.

[§ 8, Ord. 775, eff. January 21, 1985; § 8, Ord. 935-96, eff. October 17, 1996]

Each proposal for new congregate housing development presents important considerations that do not lend themselves to specific development standards. The following criteria shall apply to proposals for new congregate housing and shall serve as the basis for evaluating the proposal relative to both the purposes of this chapter as well as accepted and appropriate planning goals necessary for the orderly development of the City.

The project should be a comprehensive and integrated design, providing for its own open space, off-street parking and amenities for contemporary living. To the extent the site and the scale of the project allows, open space, walkways and other areas for people should be separated from parking and driveway areas.

The layout of structures and other facilities should effect a conservation in street, driveway, curb cut, utility and other public or quasi-public improvements. Structures should be designed to minimize, the consumption of natural resources (i.e. gas, water, electricity) either directly or indirectly.

The project should be designed to maintain as much of the natural topography, large trees and environment as practicable.

The configuration and orientation of the project should respect reasonable design limits imposed by the natural and man-made environment. Consideration should be given as to whether the structure can be situated to maximize the advantages of view, topography, sun and wind, while at the same time minimizing the impact of the project on the enjoyment of these advantages by adjacent properties, as much as practicable. Structures should also be situated to minimize or buffer undesirable characteristics of the site such as street noise and nearby commercial or industrial uses.

The layout of the units and open space within the project should establish, through the use of structures and landscape materials, a perceptible spatial transition from the public street, through the semi-privacy of common areas, to the privacy of the units. Most importantly, the environment of each unit should be private and free from visual, auditory and other intrusions.

The project shall comply with State standards facilitating access for the disabled.

§ 9-13.107 Declaration of Covenants, Conditions and Restrictions or Other Management Documents.

[§ 8, Ord. 775, eff. January 21, 1985; § 9, Ord. 935-96, eff. October 17, 1996]

To achieve the purpose of this chapter, the declaration of covenants, conditions and restrictions or other management documents relating to the management of the common area and facilities shall accompany all proposals for congregate housing usage and shall be subject to the approval of the City Attorney's office. In addition to such covenants, conditions and restrictions that may be required by the Department of Real Estate of the State of California or pursuant to Title 6 of Part IV of Division II of the Civil Code or other State laws or policies, such declaration, proprietary lease, cooperative housing corporation by-laws or other similar document shall provide for the following, none of which, after acceptance in final form by the City, shall be amended modified or changed without first obtaining the written consent of the City:

Assignment or Conveyance of Private Open Space. The surface area and appurtenant airspace of private open space areas and any integral portion of those spaces shall be described and irrevocably assigned to its respective unit, except that where the private open space is totally within the boundary described by the interior surfaces of the unit, it shall be conveyed, leased or assigned as an integral part of the unit.

Assignment or Conveyance of Private Storage Areas. The surfaces and appurtenant airspace of private storage areas shall be described and irrevocably assigned in the declaration, condominium plan or proprietary lease to its respective unit, except that where the private storage space is totally within the boundary described by the interior surfaces of the unit, as it would be in a closet opening upon a unit's room or hallway, it shall be conveyed, leased or assigned as an integral part of the unit.

Maintenance of Impact Insulation Class. The impact/insulation rating requirements required by the Department of Real Estate shall be described in the declaration and/or proprietary lease and such documents shall provide that the floor covering shall not be removed for any purpose except cleaning or replacement, and shall further provide that any replacement covering(s) shall furnish not less than the degree of impact insulation afforded by the coverage originally installed.

Right of Public Entry to Common Area. The City of Avalon, the County of Los Angeles, the State of California, and the Government of the United States, and any department, bureau or agency thereof, shall have the right of immediate access to all portions of common areas of the project not assigned for the exclusive use of the owner of a particular unit at all times for the purpose of preserving the public health, safety and welfare except in those instances where a common area is accessible only through a private unit. Notice of such right of government agency access shall be prominently displayed in the common area of the project.

Television and Radio Antenna. Individual television and radio antennas shall be prohibited outside of any owner's unit. The declaration, cooperative housing corporation bylaws or proprietary lease shall provide either for a central antenna with connections to each unit via underground or internal wall wiring or each unit shall be served by either a cable antenna service provided by a company licensed to provide such service within the City or by an effective antenna located wholly within the confines of the unit.

Voting. For the purpose of voting, including without limitation voting to set the amount of regular or special assessment and for the purpose of amending the management documents, one vote shall be allocated for each unit within the project. The amount of regular and special assessments may be made proportional to the gross square footage of each unit within the project.

(g)

Partition and Sale of the Project. An action may be brought by one or more owners within the project for partition thereof (or for dissolution of the cooperative housing corporation) by sale of the entire project as if the owners of all of the units in such project were tenants in common in the entire project in the same proportion as their interests in the common areas or in the stock or members of the cooperative housing corporation; provided, however, that a partition shall be made only upon a showing of the existence or one or more of the conditions set forth in § 1354 of the California Civil Code, or that:

Two years after damage or destruction to the project which renders a material part thereof unfit for its use, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction; or

One-half or more of the project has been destroyed or substantially damaged and owners holding in aggregate more than 50% interest in the common area or the cooperative housing corporation are opposed to repair or restoration of the project; or

(3)

The structure has been in existence in excess of the number of years shown on the following table, is obsolete and uneconomic, and the percentage of owners holding in aggregate a percentage interest in the common areas or cooperative housing corporation as set forth in the following table are opposed to repair or restoration of the project.

Age of Structure	Percentage of Interest Held by Owners
30 years	70%
40 years	60%
50 years	50%
60 years	40%
70 years	30%

For purposes of this section, multiple owners of a single unit shall not be deemed possessed, in the aggregate, of any greater interest in the common area or in the cooperative housing corporation than that possessed by a single owner of a unit.

(h)

Maintenance. The declaration and/or other management documents shall contain a provision establishing the obligation and duty of the governing body of the project to maintain the common areas in good condition.

Enforcement. The declaration and other management documents shall contain a provision insuring the right of any owner to enforce the terms thereof.

(j)

Assessments for Maintenance of Common Areas and Facilities.

General. In order to protect the public health, safety and welfare, provision shall be made both for annual assessments for maintenance and special assessments for capital improvements. The amount of the regular annual assessment, and the procedure for its change shall be specified. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common area shall be specified. The amount of regular and special assessments may be made, in whole or in part, proportional to the gross square footage of each unit within the project. Both annual and special assessments may be collected on a monthly basis. The remedies which the association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment.

Veto Right and Authority of the City. In consideration for the City's approval of a project, including without limitation any approval of a conversion to congregate housing usage, the declaration and/or other management documents shall provide that the City at its option has the right and authority to veto any action of the association which would tend to decrease the amount of the regular annual assessment upon a finding by the City that such a decrease could or would adversely affect the long-run maintenance of the project structure and/or its common areas. To enable the City to exercise said optional veto, the declaration or other management documents shall provide that association actions to decrease the annual assessment do not become effective until 60 days after written notice of such action is given to the City.

(k)

Utility Easements over Private Streets and Other Areas. If the project contains private streets, provision shall be made for public utility easements over the entire private street network. The Planning Commission may also require public utility easements adjacent to public streets or over other portions of the project to accommodate fire hydrants, water meters, street furniture, storm drainage, sanitary sewers, water and gas mains, electrical lines and similar urban infrastructure. The Planning Commission may also require access routes necessary to assure that fire fighting equipment can reach and operate efficiently in all areas of the project.

(l)

Amendment of the Declaration or Other Management Document. Any amendment to the declaration or other management documents which would amend, modify, delete or otherwise affect any provision required by this section shall require the prior written approval of the City. To that end, no such amendment shall be effective unless: (i) the text thereof shall have been submitted to the City 60 days prior to its adoption by the owners; (ii) either the City has approved the amendment or failed to disapprove it within said sixty-day period; and (iii) the recorded or other instrument effecting such amendment shall recite that it was so submitted and approved or not disapproved.

(m)

Provision shall be made for conveyance of units and assignment of parking.

§ 9-13.108 Congregate Housing Conversions.

[§ 8, Ord. 775, eff. January 21, 1985, as amended by § 1, Ord. 778, eff. May 6, 1985; § 10, Ord. 935-96, eff. October 17, 1996]

Conversion Criteria. The Planning Commission shall approve or conditionally approve a conditional use permit for the conversion of a multiple family residential structure to congregate housing usage only upon a finding that the conversion will not adversely affect the supply of rental housing, especially low and moderate income housing, in the City. In reaching this finding the Commission may consider all relevant factors, including: (i) the City-wide vacancy rate and the vacancy rate for low and moderate income units; (ii) the number of units being removed from the rental market by the proposed conversion; (iii) the number, quality, and location of alternative housing opportunities available to existing tenants; (iv) the cumulative effect of the proposed conversion along with the effect of past conversions upon the availability of low and moderate income units; and (v) the effect of the proposed conversion, if any, upon the City's tourist industry.

Prohibited Conversions. No hotel, motel, hotel/resort development, or other structure designed exclusively for transient occupancy may be converted to congregate housing usage.

Affordable Housing Requirements for Congregate Housing Conversions. All proposed congregate housing conversion projects must satisfy the affordable housing requirements described in Chapter 9-11. For the purposes of that chapter, a proposed conversion project shall be treated as a new residential development. Existing low and moderate income tenants shall have priority over other eligible tenants in occupying these specially designated units.

Notice to Tenants of Proposed Congregate Housing Conversion. Before filing an application for a conditional use permit for the conversion of a multiple family residential structure to congregate housing usage, the applicant must first deliver to each tenant within the structure and to each prospective tenant thereafter a notice regarding the proposed conversion. Such notice must be delivered to all such tenants at least 15 days prior to any public hearing regarding the conditional use permit for the proposed conversion. Such notice shall contain the following information: (i) the name and address of the project's owner or owner's representative; (ii) a full description of the tenant's right to purchase a converted unit; (iii) the approximate date of the proposed conversion; (iv) a full description of any relocation assistance benefits or continued occupancy rights available to the tenant; and (v) the tenant's right to be heard at any public hearings regarding the conditional use permit for the conversion, and the date(s) of such hearing(s). (Proof of service of the notice as well as a list of names and addresses of all tenants shall be provided to City.)

The applicant bears the burden of demonstrating at any public hearing regarding the conditional use permit for the proposed conversion that applicant has fully satisfied the requirements of this subsection.

Notice to Tenants of Termination of Tenancy. All tenants shall receive a 180 days' written notice of intention to convert prior to the issuance of the notice to vacate. Such notice of intention to convert may not be issued until the applicant has received a conditional use permit for the proposed conversion project. At the end of such 180-day period, the applicant may issue a written notice to vacate to all tenants. Tenants shall vacate within 30 days of receipt of such written notice to vacate.

Tenant's Right to Purchase Congregate Housing Converted Unit. All tenants occupying a unit which has been approved for conversion shall have a nontransferable right of first refusal to purchase the occupied unit at the same or at better terms than those offered to the general public. Such right of first refusal shall be effective for a period of not less than 90 days from the date at which such units are offered for sale to the general public, as described in § 66427.1 of the Government Code of the State of California. The tenant may waive any such right by executing a written notice to that effect or by terminating his or her lease and vacating the unit without acting upon the right.

(g)

Tenant's Right to Continued Occupancy in a Congregated Housing Converted Unit. All "special case" tenants, here defined as any elderly or handicapped persons of limited means or households of low or moderate income as defined in Chapter 9-11, shall be entitled to continued occupancy in a unit approved for conversion for a period of one year from the date of receiving a written notice to vacate from the applicant. All such special case tenants must receive a second written notice to vacate 30 days prior to the expiration of such continued occupancy period. No increase in rents shall be permitted during the course of such a period of continued occupancy.

(h)

Relocation Benefits Available to Tenants of Approved Congregate Housing Conversion Projects. All applicants must develop a relocation assistance plan, containing, at a minimum, the following elements. Such plan shall be subject to review and modification by the Planning Commission:

The applicant shall pay to each existing tenant household on or before the date the unit is to be vacated for the approved conversion the sum of $500 to cover the cost of moving expenses. The applicant shall also pay to each tenant household on or before the date the unit is to be vacated, certain relocation benefits to compensate for any anticipated increased future rent consisting of the greater of:

The sum of $1,000; or

(ii)

A sum equal to the current monthly rental for the unit multiplied by the number of years or portion thereof of tenancy, except that under no circumstances shall the latter figure exceed the amount of $5,000. Each tenant choosing this alternative must, at least 15 days prior to vacation of the unit, provide adequate supporting documentation to the owner showing the date tenancy commenced. Should a tenant remain in the unit more than 30 days after receipt of a written notice to vacate, such relocation benefit shall be reduced by an amount equal to one month's rental for each subsequent month of tenancy.

The applicant shall also assist tenants in finding a comparable replacement rental unit. Comparability shall be determined from the following factors: size, price, location, and amenities. For purposes of this chapter, a unit shall not be deemed "comparable" if such unit is located in a building for which an application for conversion purposes has been filed with any governmental agency. Such assistance shall include at a minimum the following: