This chapter shall apply to all conversions of existing residential
real property to condominiums, community apartments, or stock cooperative
projects or any other form of ownership except conversion projects
which a final or parcel map has been approved by the city council
prior to the effective date of the ordinance codified in this chapter,
or where the conversion involved a limited equity housing cooperative
as defined in Section 33007.5 of the
Health and Safety Code. All provisions,
conditions, and further definitions of condominium development as
approved included in the California
Civil Code,
Government Code, Revenue
and Taxation Code, and
Business and Professions Code shall apply to
the divisions of real property as permitted herein.
(Ord. 99-23 § 1)
In addition to the limitations and restrictions contained within
this chapter, the California Subdivision Map Act and the applicable
building and fire regulations, no residential apartment unit shall
be converted for sale, transfer, or conveyance as a community apartment
project, stock cooperative project or condominium, without concurrently
obtaining approval of a conditional use permit.
(Ord. 99-23 § 1)
In addition to such other application requirements as are deemed
necessary by the city, an application for conversion of a residential
unit shall not be accepted or considered complete unless the application
includes all of the following information in a form acceptable to
the director, except where such requirement is waived or modified
by the director:
A. Physical
Elements Report. A report prepared by a registered engineer or architect
or licensed qualified contractor describing the physical elements
of all structures and facilities, sound transmission levels between
units, mechanical equipment, parking facilities and appliances.
Regarding each such element, the report shall state, to the
best knowledge or estimate of the applicant, when such element was
built; the condition of each element; the cost of replacing the element;
and any variation or noncompliance of the element from the development
code in effect at the time the application is filed with the city
and Building Code in effect on the date that the last building permit
was issued for the subject structure. The report shall identify any
defective or unsafe elements and set forth the proposed corrective
measures to be employed;
B. A report
from a licensed structural pest control operator, approved by the
city, on each structure and each unit within the structure;
C. A report
on soil and geological conditions regarding soil deposits, rock formations,
faults, groundwater, and landslides in the vicinity of the project
and a statement regarding any known evidence of soil problems relating
to the structures. Reference shall be made to any previous soils reports
for the site and a copy submitted with the report;
D. A statement
of repairs and improvements to be made by the subdivider necessary
to refurbish and restore the project to achieve a level of appearance
and safety consistent with applicable codes and ordinances, as specified
in subdivision A of this section;
E. A declaration
of covenants, conditions and restrictions in draft or outline form
which would be applied to any and all owners of condominium units
within the project. The declaration shall include, but not be limited
to: the conveyance of units; the assignment of parking; an agreement
for common area maintenance, including facilities and landscaping,
together with an estimate of any initial assessment fees anticipated
for such maintenance; description of a provision for maintenance of
all utility lines and services for each unit; and a plan for equitable
sharing of communal water metering;
F. Specific
information concerning the demographic characteristics of the project,
including but not limited to the following:
1. Square
footage and number of rooms in each unit,
2. Rental
rate history for each unit for previous five years,
3. Monthly
vacancy rate for each month during preceding two years,
4. Makeup
of existing tenants households, including family size, length of residence,
age of tenants, and whether receiving federal or state rent subsidies,
5. Proposed
sale price of each unit,
6. Proposed
homeowners' association fee,
8. Names
and addresses of all tenants.
When the subdivider can demonstrate that such information is
not available, this requirement may be modified by the community development
director;
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G. Signed copies from each tenant of notice of intent to convert, as specified in Section
16.21.120. The subdivider shall submit evidence that a letter of notification was sent to each tenant for whom a signed copy of the notice is not submitted. This requirement shall be deemed satisfied if such notices comply with legal requirements for service by mail;
H. Any
other information which, in the opinion of the community development
director, will assist in determining whether the proposed project
will be consistent with the purposes of this chapter;
I. Submittal
of Budget. The subdivider shall provide the city with a copy of the
proposed budget for maintenance and operation of common facilities,
including needed reserves, with the tentative map application. The
budget shall show estimated monthly costs to the owner of each unit,
projected over a five-year period, or such time as is required by
the department of real estate. Such budget shall be prepared or reviewed
and approved by a professional management firm experienced with management
of condominium complexes. The management firm shall submit a statement
of professional qualifications;
J. Copy to Buyers. The developer shall provide each purchaser with a copy of all submittals (in their final acceptable form) required by subsections
A,
B,
C,
D,
E,
H and
I of this section prior to such purchaser executing any purchase agreement or other contract to purchase a unit within the project, and the developer shall give the purchaser sufficient time to review the information. Copies of the submittals shall be made available at all times at the sales office and a notice indicating that such reports are available shall be posted at various locations, as approved by the city, at the project site. Copies shall be provided to the homeowners' association upon its formation;
K. Final
Information Submitted. Prior to entering into escrow on the first
unit, the subdivider shall submit the following information to the
planning department:
1. Name,
address and phone number of homeowner's association,
2. Actual
sales price of units,
3. Actual
homeowner's association fee,
4. Number
of prior tenants who intend to purchase units, and
5. Number
of units purchased with intent to be used as rentals.
The final form of the physical elements report and other documents
shall be as approved by the city. The reports in their acceptable
form shall remain on file with the planning department for review
by any interested persons until the conclusion of the conversion process.
The report shall be referenced in the subdivision report to the planning
commission.
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(Ord. 99-23 § 1)
After submittal of the tentative map and development plan applications
to the city, any prospective tenants shall be notified in writing
of the intent to convert prior to leasing or renting any unit. The
form of the notice shall be as follows:
To the prospective occupant(s) of __________Address
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The owner(s) of this building/project, at (address), has/have
filed an application for a Tentative Map and Development Plan with
the City of Temecula to convert this building to a (condominium, community
apartment, or stock cooperative project). No units may be sold in
this building unless and until the conversion is approved by the City
and subsequently a public report is issued by the State Department
of Real Estate. If you become a tenant of this building, you shall
be given notice of each hearing for which a notice is required pursuant
to Section 66451.3 and 66452.5 of the Government Code, and you have
the right to appear and the right to be heard at such hearing.
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____________________________
(Signature of owner's agent)
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____________________________
(Dated)
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I have received notice on _____________________(Date)
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Prospective tenant or tenants signature(s)
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(Ord. 99-23 § 1)
Prior to approval of the tentative map and development plan, the planning commission shall hold a public hearing. Notice of the hearing shall be given in accordance with
Government Code Section 65090 and Section
17.03.040 of the city's development code. A copy of any staff report shall be served by the developer on each tenant of the subject property at least three days prior to the hearing, either by personal service or by posting the report on the front door of the unit and mailing it to the tenant. The planning commission shall not approve a tentative map for conversion of apartment units unless the planning commission finds that:
A. All
provisions of this chapter are met;
B. The
proposed conversion is consistent with the goals, objectives, policies,
general land uses and programs specified in the Temecula general plan
including the housing element, and with any applicable specific plan;
C. The
proposed conversion will conform to the Temecula Municipal Code in
effect at the time of tentative map and development plan approval,
except as otherwise provided in this chapter;
D. The
overall design, physical condition and amenities of the condominium
conversion are consistent with those associated with condominium developments
throughout the city and such elements achieve a high degree of appearance,
quality and safety;
E. The
proposed project will not convert, during the current calendar year,
more than five percent of the potentially convertible rental units
in Temecula for the current calendar year except as otherwise provided
in this chapter;
F. There
is no evidence in the public hearing record to indicate that vacancies
in the project were intentionally increased for the purposes of preparing
the project for conversion; and
G. There
is no evidence in the public hearing record to indicate that tenants
have been coerced to publicly support or approve the conversion, or
to refrain from publicly opposing it, or to forgo any assistance to
which they may be entitled.
(Ord. 99-23 § 1)