(a)
To establish criteria for the conversion of existing multiple family
rental housing to condominiums, community apartments, and stock cooperatives;
(b)
To reduce the impact of such conversions on residents in rental housing
who may be required to relocate due to the conversion of apartments
to condominiums, community apartments, and stock cooperatives by providing
procedures for notification and adequate time and assistance for such
relocation;
(c)
To ensure that the purchasers of converted housing have been properly
informed as to the physical condition of the structure which is offered
for purchase;
(d)
To ensure that converted housing achieves high quality appearance
and safety, and is consistent with the goals, policies and objectives
of the city's general plan and conforms with the density requirements
of the general plan's land use element;
(e)
To attempt to provide an opportunity for housing ownership of all
types, for all levels of income and in a variety of locations;
(f)
To attempt to maintain a supply of rental housing for low and moderate
income persons and families.
(Ord. 88-O-117 § 1, 1988)
For the purposes of this chapter, the following terms shall
be defined as follows:
means a project in which an undivided interest in the land
is coupled with the right of exclusive occupancy of any apartment
located thereon and is subject to the provisions of this chapter.
means an estate in real property consisting of an undivided
interest in common in a portion of a parcel of real property together
with a separate interest in space in a residential, industrial or
commercial building on such real property, such as an apartment, office
or store. A condominium may include, in addition, a separate interest
in other portions of such real property.
means the date the final tract or parcel map for the conversion
project is approved by the city council.
means an apartment, condominium, community apartment or stock
cooperative.
means a corporation which is formed or availed of primarily
for the purpose of holding title to, either in fee simple or for a
term of years, improved real property, if all or substantially all
of the shareholders of such corporation receive a right of exclusive
occupancy in a portion of the real property, title to which is held
by the corporation, which right of occupancy is transferable only
concurrently with the transfer of the share or shares of stock or
membership certificate in the corporation held by the person having
such right of occupancy. The term "stock cooperative"
does not include a limited-equity housing cooperative, as defined
in Section 11003.4 of the Business and Professions Code.
(Ord. 88-O-117 § 1, 1988)
For the purpose of meeting city density requirements, an existing
multiple family dwelling intended for conversion shall be deemed to
be a legally nonconforming use if it conforms to the density requirement
of the general plan's land use element, even though said density
is in excess of the density allowed by the specific zone.
(Ord. 88-O-117 § 1, 1988)
Conversion of existing multiple family dwellings to community apartments and stock cooperatives shall be subject to the same restrictions, conditions, and requirements as condominiums. All references to a condominium in Sections 22.84.010 through 22.84.210 shall be deemed to refer to a condominium, community apartment, and stock cooperative, except where specifically noted.
(Ord. 88-O-117 § 1, 1988)
No person, firm, corporation, partnership or other entity shall
convert an existing multiple family dwelling unit to a condominium,
community apartment or stock cooperative without first having a final
tract or parcel map for said conversion approved by the city council
and having been issued a condominium conversion permit by the city
council.
(Ord. 88-O-117 § 1, 1988)
(a)
The city council shall issue a condominium conversion permit when
it determines that:
(b)
Once issued, the condominium permit can be revoked only because of
the failure of the applicant or his successors in interest to comply
with the conditions of approval.
(c)
The application for the permit and the tentative subdivision map
shall be filed and heard at the same time.
(d)
A permit shall expire if the tentative subdivision map approval expires.
(Ord. 88-O-117 § 1, 1988)
No existing multiple family dwelling shall be approved for conversion
to a condominium unless it meets the standards set forth in the following
requirements:
(1)
All multiple family dwellings shall, on the date of conversion, be
in compliance with the minimum standards of the Uniform Housing Code
as adopted by the city and those of the state, as effective on the
date of application.
(2)
All multiple family dwellings shall, on the date of conversion, be
in compliance with the exit and occupancy requirements and the height
and area requirements for the type of construction and occupancy involved
as outlined in the Uniform Building Code as adopted by the city and
those of the state, as effective on the date of application.
(3)
All multiple family dwellings sought to be converted are, on the date of conversion, in all respects in compliance with the zoning ordinance and the goals, policies and objectives of the general plan, or legally nonconforming therewith, pursuant to Section 22.84.030.
(4)
All condominiums shall be subject to all applicable provisions of
the Subdivision Map Act and Title 22 of this code.
(Ord. 88-O-117 § 1, 1988)
(a)
Unit size. The enclosed living or habitable area of each unit shall
not be less than 1,000 square feet, unless the city council determines
at the time of approval that other project amenities compensate for
the minimum required enclosed area. Compensating amenities may include,
but are not limited to, the following:
(b)
Fire Prevention.
(1)
Smoke Detectors. Each living unit shall be provided with approved
detectors of products of combustion other than heat conforming to
the latest Uniform Building Code standards, mounted on the ceiling
or wall at a point centrally located in the corridor or area giving
access to rooms used for sleeping purposes.
(2)
Maintenance of Fire Protection Systems. All on-site fire hydrants,
fire alarm systems, portable fire extinguishers, and other fire protective
appliances shall be retained in an operable condition at all times
maintained by the owner's association and delineated in the
covenants, conditions and restrictions.
(c)
Sound Transmissions. Wall and floor-ceiling assemblies shall conform
to Title 25, California Administrative Code, Section 1092, or its
successor, or permanent mechanical equipment, including domestic appliances,
which are determined by the director of development services to be
a potential source of vibration or noise, shall be shock mounted,
isolated from the floor and ceiling, or otherwise installed in a manner
approved by the director of development services to lessen the transmission
of vibration and noise. Floor covering may only be replaced by another
floor covering that provides the same or greater insulation. The requirements
of this subdivision shall not apply to a unit in a building with no
other unit(s)
(d)
Utility Metering.
(1)
The consumption of gas and electricity within each unit shall be
separately metered so that the unit owner can be separately billed
for each utility. A water shut-off valve shall be provided for each
unit or for each plumbing fixture. Each unit shall have access to
its own meter(s) and heater(s) which shall not require entry through
another unit.
(2)
Each unit shall have its own panel, or access thereto, for all electrical
circuits which serve the unit.
(e)
Private Outside Storage Space. Each unit shall have at least 200
cubic feet of enclosed weatherproofed and lockable private storage
space, in addition to guest, linen, pantry, and clothes closets customarily
provided. Such space shall be for the sole use of the unit owner.
Such space may be provided in any location as approved by the director
of development services at the time of approval, but shall not be
divided into two or more locations. In such cases where the applicant
can demonstrate that this standard cannot reasonably be met, or should
not apply, this standard may be modified by the city council.
(f)
Laundry Facilities. Either a laundry area shall be provided in each
unit or a common laundry area shall be provided. If common laundry
areas are provided, such facilities shall consist of not less than
one automatic washer and dryer for each four units or fraction thereof.
In such cases where the applicant can demonstrate that this standard
cannot reasonably be met, or should not apply, this standard may be
modified by the city council.
(g)
Condition of Equipment and Appliances. The applicant shall provide
written certification to the buyer of each unit on the initial sale
after conversion that any dishwashers, garbage disposals, stoves,
refrigerators, hot water tanks, and air conditioners that are provided
are in working condition as of the close of escrow. At such time as
the owner's association takes over management of the development,
the applicant shall provide written certification to the association
that any pool and pool equipment and any appliances and mechanical
equipment to be owned in common by the association is in working condition.
(h)
Public Easements. The applicant shall make provisions for the dedication
of land or easements for street widening, public access or other public
purposes in connection with the project where necessary in accordance
with established planned improvements.
(i)
Underground Utilities. The applicant shall waive the right, through
deed restriction, to protest the formation of an underground utility
district.
(j)
Planned public improvements, including but not limited to sidewalks,
curbs, gutters, driveways and streets, not yet in existence shall
be provided and constructed by the applicant at the applicant's
cost.
(Ord. 88-O-117 § 1, 1988)
No application for a condominium conversion project shall be
accepted for any purpose unless the application includes the following:
(1)
A development plan of the project including:
(A)
The location, height, gross floor area, and proposed uses for each
structure,
(B)
The location, use, and type of resurfacing for all storage areas,
(C)
The location and type of surfacing for all driveways, pedestrian
ways, vehicle parking areas, and curb cuts,
(D)
The location, height, and type of materials for walls or fences,
(E)
The location of all landscaped areas, the type of landscaping, and
a statement specifying the method by which the landscaped areas shall
be maintained,
(F)
The location and description of all recreational facilities and a
statement specifying the method of the maintenance thereof,
(G)
The location and size of the parking facilities to be used in conjunction
with each condominium unit,
(H)
The location, type and size of all drainage pipes and structures
depicted or described to the nearest public drain or watercourse,
(I)
The location and type of the nearest fire hydrant,
(J)
The location, type and size of all on-site and adjacent street overhead
utility lines,
(K)
A lighting plan of the project,
(L)
Existing and proposed exterior elevations,
(M)
The location of the provisions for any unique natural or vegetative
site features,
(N)
The location, type and size of trash enclosures,
(O)
Other specific information as requested by the director of development
services;
(2)
A copy of the proposed covenants, conditions, and restrictions which
would be applied on behalf of any and all owners of condominium units
within the project. With regard to stock cooperatives, this submission
shall consist of a summary of proposed management, occupancy and maintenance
policies;
(3)
Specific information concerning the characteristics of the project,
including but not limited to the following:
(A)
Square footage and number of rooms in each unit,
(B)
Rental rate history for each type of unit for previous five years,
(C)
Monthly vacancy rate for each month during the preceding two years,
(D)
Makeup of existing tenant households, including family size, length
of residence, age of tenants, and whether receiving federal or state
rent subsidies,
(E)
Proposed sale price of unit,
(F)
Proposed owner's association fee; financing available, and
(G)
Names and addresses of all tenants,
(H)
When the subdivider can demonstrate that such information is not
available, this requirement may be modified by the city council;
(4)
The subdivider shall submit evidence that a certified letter of notification of intent to convert, pursuant to Section 22.84.140(a), was sent to each tenant for whom a signed copy of said notice is not submitted;
(5)
A list of property owners within a radius of 300 feet of the exterior
boundaries of the property, for the purposes of notice for public
hearing;
(6)
Any other information which, in the opinion of the director of development
services, will assist in determining whether the proposed project
will be consistent with the purposes of this article.
(Ord. 88-O-117 § 1, 1988)
The final form of all documents submitted under this chapter,
shall be as approved by the director of development services. The
reports in their acceptable form shall remain on file with the planning
department for review by any interested persons.
(Ord. 88-O-117 § 1, 1988)
The applicant shall provide each purchaser with a copy of all reports in their final, acceptable form, along with the department of real estate white report, except the information required by Subsections (3) and (4) of Section 22.84.090, prior to said purchaser completing an escrow agreement or other contract to purchase a unit in the project.
The purchaser shall sign that said purchaser has received and
read the reports. Copies of the reports shall be made available at
all times at the sales office and at the project site.
(Ord. 88-O-117 § 1, 1988)
(a)
The planning commission shall be the advisory agency to the city
council on condominium conversion permits.
(b)
A public hearing shall be held within 45 days after filing of the application. Said public hearing shall be held concurrently with the public hearing on the tentative subdivision map. At least 10 days prior to the public hearing, the planning commission shall cause notices of the time and place of such hearing to be mailed to all tenants and to all property owners named in the certified list required to be filed pursuant to Section 22.84.090(5). Failure of any property owner to receive such notice shall not affect the validity of the heating.
(c)
The planning commission shall report, in writing, to the city council
on any condominium conversion permit within 75 days of the date of
filing with the secretary of the planning commission, unless this
time period is extended by request of the applicant. Failure to act
within either the time limits prescribed or the extension shall be
deemed approval of the condominium conversion permit.
(Ord. 88-O-117 § 1, 1988)
(a)
Upon receipt of the planning commission report, the city council
shall fix the meeting date for the public hearing at which time the
permit will be considered, which date shall be within 30 days after
the receipt of the planning commission report.
(b)
At least 10 days prior to the public hearing, the city council shall cause notices of the time and place of such hearing to be mailed to all tenants and to all property owners named in the certified list required to be filed pursuant to Section 22.84.090(5). Failure of any property owner to receive such notice shall not affect the validity of the hearing.
(c)
The decision of the city council shall be final, and no other administrative
appeal may be taken.
(Ord. 88-O-117 § 1, 1988)
(a)
Notice of Intent. A written notice of intent to convert shall be
provided to each tenant at least 60 days prior to the filing of the
tentative subdivision map. The form of the notice shall be as set
forth in Government Code Section 66452.9(b). In addition, each tenant
shall be provided 10 days written notice that an application for a
public report will be submitted to the department of real estate,
and that such report will be available on request. Evidence of personal
service or service by mail shall be submitted with the application
for conversion.
(b)
Tenant's Right to Purchase. Any present tenant or tenants of
any unit shall be given a nontransferable right of first refusal to
purchase the unit occupied at a price no greater than the price offered
to the general public. The right of first refusal shall extend for
not less than 90 days from the date of issuance of the subdivision
public report of commencement of sales, whichever date is later.
(c)
Vacation of Units. Each tenant shall have not less than 180 days
from the date of receipt of notification from the owner of his intent
to convert to find substitute housing and to relocate.
(d)
Relocation Expenses. The applicant shall provide relocation expenses
as follows to any tenant who relocates from the building to be converted
after approval of the condominium conversion by the city, except when
the tenant has given written notice of his intent to move prior to
receipt of notification from the subdivider to his intent to convert:
(1)
Actual moving expense incurred when moving, not to exceed $500;
(2)
The first month's rent on the tenants new rental unit, if any,
after moving from the subject property, but not to exceed $500.
(3)
The minimum provided under subdivisions (1) and (2) of this subdivision
shall be equal to one and one-half (1 1/2) times the tenant's
present monthly rent.
(e)
Notice of New Tenants. Commencing at a date not less than 60 days prior to the filing of the tentative subdivision map, the applicant shall give notice of such filing in the form set forth in Government Code Section 66452.8(b), to each person applying after such date for rental of a unit of the subject property immediately prior to the acceptance of any rent or deposit from the prospective tenant. Failure to provide notice shall not be grounds to deny the conversion, but should the applicant fail to provide such notice to any prospective tenant, said tenant shall be compensated pursuant to subsection (d) above.
(Ord. 88-O-117 § 1, 1988)
Any staff report on a tentative map to the planning commission
or the city council shall be in writing and a copy thereof served
on the applicant and on each tenant at least four days prior to any
hearing on such map.
(Ord. 88-O-117 § 1, 1988)
Whenever a public hearing is held pursuant to this chapter,
notice of the time and place thereof, including a general description
of the location of the subdivision or proposed subdivision, shall
be given at least 10 days before the hearing. Such notice shall be
given by publication once in a newspaper of general circulation printed
and published in the county and circulated in the city. Such notice
shall also be given by United States mail to each tenant of the subject
property, and, in addition to notice of the time and place of the
public hearing, shall include notification of the tenant's right
to appear and the right to be heard. Such notice to tenants shall
be given by the city and shall be deemed satisfied if the notice complies
with the legal requirements for service by mail. Fees may be collected
from the applicant for expenses incurred under this section. Any interested
person may appear at such a hearing and shall be heard.
(Ord. 88-O-117 § 1, 1988)
In reviewing requests for conversion of existing apartments
to condominiums, the city council shall consider the following:
(1)
Whether or not the amount and impact of the displacement of tenants,
if the conversion is approved, would be detrimental to the health,
safety or general welfare of the community;
(2)
The role that the apartment structure plays in the existing housing
market. Particular emphasis will be placed on the evaluation of rental
structures to determine if the existing apartment complex is serving
low and moderate income households. Criteria to determine low and
moderate income households used by the federal and state governments
will be used in the evaluation. Along with other factors, the city
will consider the following:
(A)
The number of families on current waiting lists for assisted rental
housing programs that operate in Placentia, such as the Section 8,
Section 23, and Section 236 programs;
(B)
The probable income range of tenants living in existing apartments
based on factual information supplied by the applicant which can be
adequately documented, or the assumption that households pay between
one-quarter (1/4) and 1/2 of their income for housing. That income
range will be compared with existing income limits for said Section
8 program to determine whether potential displaced tenants can be
categorized as low and moderate income;
(3)
The need and demand and community benefits which are derived from
the provision of lower cost home ownership opportunities which opportunities
are increased by the conversion of apartments to condominiums;
(4)
If the city council determines that vacancies in the project have
been increased for the purpose of preparing the project for conversion,
the conversion shall be disapproved. In evaluation of the current
vacancy level under this subsection, the increase in rental rates
for each unit over the preceding five years and the average monthly
vacancy rate for the project over the preceding two years shall be
considered.
(Ord. 88-O-117 § 1, 1988)
The city council shall not approve an application for condominium
conversion unless the city council finds that:
(1)
All provisions of this chapter are met and the project will not be
detrimental to the health, safety and general welfare of the community;
(2)
The proposed conversion is consistent with the general plan of the
city or legally nonconforming with the density requirement of the
zoning code;
(3)
The proposed conversion will conform to the Placentia Municipal Code
in effect at the time of approval except as otherwise provided in
this chapter;
(4)
The overall design and physical condition of the conversion will
result in a project which is aesthetically attractive, safe and of
quality construction;
(5)
The proposed conversion will not displace a significant percentage
of low and moderate income or senior citizen tenants, tenants with
children, and delete a significant number of low and moderate income
rental units from the city's housing stock at a time when no
equivalent housing is readily available in the Placentia area;
(6)
That the applicant has not engaged in coercive retaliatory action
regarding the tenants after the submittal of the first application
for city review through the date of approval. In making this finding,
consideration shall be given to:
(A)
Rent increases at a rate greater than the rate of increase in the
Consumer Price Index (all items, Los Angeles, Long Beach) unless provided
for in leases or contracts in existence prior to the submittal of
the first application for city review, or
(B)
Any other action by applicant which is taken against tenants to coerce
them to refrain from opposing the project. An agreement with tenants
which provides for benefits to the tenants after approval shall not
be considered a coercive or retaliatory action;
(Ord. 88-O-117 § 1, 1988; Ord. 88-O-122 § 5, 1988)
(a)
Intent and Definition. It is the intent of this section to limit
the number of units to be converted if a rental housing shortage shall
be determined by the city council, based upon reliable information
verified by the director of development services. A rental housing
shortage exists if the vacancy factor for two family and multiple
family dwellings is less than 3% for the six months preceding the
determination.
(b)
Maximum Number of Conversions. In the event a rental housing shortage
exists, the maximum number of conversions to be approved during the
subsequent twelve (12) month period shall not exceed one hundred (100)
units.
(c)
Processing of Applications. If a rental housing shortage exists,
applications shall be processed in accordance with procedures established
by resolution of the city council setting forth the manner and method
of prioritizing applications for conversions.
(d)
This section shall apply only to existing multiple family rental
units.
(Ord. 88-O-117 § 1, 1988)
(a)
The city council shall not approve a final map for a subdivision
to be created pursuant to this chapter unless it finds all of the
following:
(1)
Each of the tenants of the proposed condominium project has received, pursuant to Section 22.84.140(a) written notification of the intention to convert at least sixty (60) days prior to the filing of a tentative map;
(2)
Each tenant and each person applying for the rental of a unit in
the property to be converted has received all applicable notices and
rights required by Government Code Section 66425, et seq. and Government
Code Section 66451, et seq.;
(3)
Each tenant has received ten (10) days written notification that
an application for a public report has been submitted to the department
of real estate, and that such report will be available upon request;
(4)
Each tenant has been given written notification within ten (10) days
of the approval of the final map;
(5)
Each of the tenants has been given one hundred eighty (180) days
written notice of the intention to convert prior to the termination
of tenancy due to the conversion or proposed conversion;
(6)
Each of the tenants has been given notice of an exclusive right to
contract for the purchase of his or her respective unit upon the same
terms and conditions that such unit will be initially offered to the
general public or terms more favorable to the tenant.
(Ord. 88-O-117 § 1, 1988)
The city council shall establish by resolution any fees related
to a condominium conversion permit.
(Ord. 88-O-117 § 1, 1988)
