The city council shall determine the requirements, process and procedures in approving condominium and condominium conversions. Unless otherwise indicated in this chapter procedures shall comply with all applicable requirements of this title.
(Prior code Appendix C § 7.1)
Design and Location of Buildings not Part of Map Review Process for Condominium, Community Apartment or Stock Cooperative Projects. A map of a condominium project, a community apartment project, or of the conversion of five or more existing dwelling units to a stock cooperative project need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided, nor shall the city council refuse approval of a parcel, tentative or final map of such a project on account of design or location of building on the property shown on the map not violative of city ordinances or on account of the manner in which airspace is to be divided in conveying the condominium. Fees and lot design requirements shall be computed and imposed with respect to such maps on the basis of parcels or lots on the surface of the land shown thereon as included in the project. Nothing herein shall be deemed to limit the power of the city council to regulate the design or location of buildings in such a project by or pursuant to city ordinances.
(Prior code Appendix C § 7.2)
A. 
Noticing Tenants in Conversions.
1. 
Establishes requirements for notice to tenants and right of tenants to exclusive contract for purchase in condominium, community apartment or stock cooperative projects.
2. 
The city council shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it finds all of the following:
a. 
Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has received, pursuant to this section, written notification of intention to convert at least 60 days prior to the filing of a tentative map. There shall be a further finding that each such tenant, and each person applying for the rental of a unit in such residential real property, has, or will have, received all applicable notices and rights now or hereafter required by this title. In addition, a finding shall be made that each tenant has received 10 days' written notification that an application for a public report will be, or has been, submitted to the department of real estate, and that such report will be available on request. The written notices to tenants required by this subdivision shall be deemed satisfied if such notices comply with the legal requirements for service by mail.
b. 
Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given written notification within 10 days of approval of a final map for the proposed conversion.
c. 
Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given 180 days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights of obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code.
d. 
Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, 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 issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right.
e. 
This section shall not diminish, limit or expand, other than as provided herein, the authority of the city to approve or disapprove condominium project.
B. 
Grounds for Denials of Tentative Map for Conversion of Existing Buildings.
1. 
Unless applicable general or specific plans contain definite objectives and policies, specifically directed to the conversion of existing buildings into condominium projects or stock cooperatives, the provisions of subsections 16.20.050(C) and 16.44.050(C) shall not apply to condominium projects or stock cooperatives, which consist of the subdivision of airspace in an existing structure, unless new units are to be constructed or added.
2. 
The city acting pursuant to this section shall approve or disapprove the conversion of an existing building to a stock cooperative within 120 days following receipt of a completed application for approval of such conversion.
3. 
This section shall not diminish, limit or expand, other than as provided herein, the authority of the city council to approve or disapprove condominium projects.
C. 
Subdivider Required to Give Notice to Existing Tenants of Intent to Convert.
1. 
Pursuant to the provisions of this title, the subdivider shall give notice 60 days prior to the filing of a tentative map in the form outlined in this title to each tenant of the subject property.
2. 
The notice shall be as follows:
To the occupant(s) of
_____________________________________
(address)
_____________________________________
The owner(s) of this building at (address), plans to file a tentative map with the City to convert this building to a (condominium, community apartment, or stock cooperative project). You shall be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing.
_____________________________________
(signature of owner or owner's agent)
________________________
(date)
The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.
D. 
Required Vote by Owners to Convert Stock Cooperative or Community Apartment Project to Condominiums. A stock cooperative, as defined in Section 11003.2 of the Business and Professions Code, or a community apartment project, as defined in Section 11004 of the Business and Professions Code, shall not be converted to a condominium, as defined in Section 783 of the Civil Code, unless the required number of owners in the cooperative or project, as specified in the bylaws, or other organizational documents, have voted in favor of such conversion. If the bylaws or other organizational documents do not expressly specify the number of votes required to approve such a conversion, a majority vote of the owners in the cooperative or project shall be required.
E. 
Conversion of Rental Apartments.
1. 
The average rental vacancy rate in apartment dwelling units within the city during the 24 months preceding the filing of the application shall be equal to or greater than five percent. Upon submission of an application to convert a rental apartment to a condominium, the community development director or designee shall obtain, at applicant's sole expense, a written study or report from an objective, unbiased third party that provides such studies and/or reports as part of its ordinary course and scope of business on a statewide or nationwide basis, which, in the reasonable opinion of the community development director or designee, reflect that the average rental vacancy rate in apartment units then available in the city was five percent or higher. If the average rental vacancy rate in the city during the 24 months preceding the filing of the application was less than five percent, the condominium conversion project shall be denied.
2. 
Conversion of rental apartments into condominiums or cooperatives shall be subject to maintaining 10% of the units as rental units.
(Prior code Appendix C § 7.3; Ord. 009-2015 § 2)
A. 
Subdivider Shall Report Impacts on Displaced Residents in Conversion of Mobilehome Park and May be Required to Mitigate Impacts.
1. 
At the time of filing a tentative or parcel map for a subdivision to be created from the conversion of a mobilehome park to another use, the subdivider shall also file a report on the impact of the conversion upon the displaced residents of the mobilehome park. The report shall address the availability of adequate replacement space in mobilehome parks.
2. 
The subdivider shall make a copy of the report available to each resident of the mobilehome park at least 15 days prior to the hearing on the map by the planning commission.
3. 
The city council shall be required to: (1) take steps to mitigate any significant adverse impact of the conversion of the ability of displaced mobilehome park residents to find adequate space in a mobilehome park by zoning for additional replacement housing; (2) find that there already exists land zoned for replacement housing or adequate space in other mobilehome parks for those residents who will be displaced; (3) require the subdivider to take steps to mitigate any significant adverse impact of the conversion on the ability of displaced mobilehome park residents to find adequate space in a mobilehome park; or (4) make a finding based upon substantial evidence, that mitigation pursuant to subparagraphs (1) and (3) is not feasible. Such finding shall be reviewable pursuant to Section 1094.5 of the Code of Civil Procedure. As used herein, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
4. 
This section establishes a minimum standard for the regulation of conversions of mobilehome parks into other uses and shall not prevent enactment of more stringent measures.
B. 
Subdivider Required to Give Written Notice to Prospective Tenants of Intent to Convert Mobilehome Park.
1. 
Commencing at a date not less than 60 days prior to the filing of a tentative map, the subdivider or his or her agent shall give notice of such filing, to each person applying after such date for rental of a unit of the subject property. Such notice shall be given to the prospective tenant immediately prior to the acceptance of any rent or deposit.
2. 
The notice shall be as follows:
To the prospective occupant(s) of
_____________________________________: address
The owner(s) of this Mobile Home Park, at (address), plans to file a tentative map with the City, to convert this Mobile Home Park to the following use: No units may be converted in this Mobile Home Park unless the conversion is approved by the City and until after a public report is issued by the Department of Real Estate. If you become a tenant of this Mobile Home Park you shall be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing.
_____________________________________
(Signature of owner or owner's agent)
_____________________________________
(dated)
I have received this notice on _________________________
(dated)
_____________________________________
(prospective tenant's signature)
3. 
Failure by a subdivider or his or her agent to give the notice required shall not be grounds to deny the conversion. However, if the subdivider or his or her agent fails to give notice pursuant to this section, he or she shall pay to each prospective tenant who becomes a tenant and who was entitled to such notice, and who does not purchase his or her unit pursuant to subdivision (d) of Section 66427.1, an amount equal to the sum of the following:
a. 
Actual moving expenses incurred when moving from the subject property, but not to exceed $1,000;
b. 
The first month's rent on the tenant's new rental unit, if any, immediately after moving from the subject property, but not to exceed $1,000.
The requirements of this section constitute a minimum standard. However, nothing in this shall be construed to prohibit a subdivider to compensate any tenant, whose tenancy is terminated as the result of a condominium, community apartment project, or stock cooperative conversion, in amounts or by services which exceed those set forth above. A subdivider who meets the compensation requirements of this section shall be deemed to satisfy the requirements of this title.
(Prior code Appendix C § 7.4)
A. 
Conversion.
The city may agree with subdivider to make proposed condominium development initially available as rental housing.
1. 
Notwithstanding any other provision of this division, the city may, upon application by a subdivider, in connection with the approval of a tentative or final map for the proposed construction of a condominium development, which requires the obtaining of a tentative or final map under provisions of this division or local ordinances enacted pursuant thereto, enter into a binding agreement with the subdivider mandating that the units be first made available for rental housing for a period of not less than 10 years from the date a certificate of occupancy has been issued for the units within the development; provided that: (1) at the expiration of the 10 year period the units within the development may be sold to individual purchasers, in accordance with the approved final map authorizing the development without further proceedings under the provisions of this division or local ordinances enacted pursuant thereto; and (2) except as otherwise provided in subsection (A)(2) of this section, during the period the units are required to be made available for rental purposes, the units are insured or are to be insured or co-insured pursuant to the provisions of Chapter 4 (commencing with Section 51850) of Part 4 of Division 31 of the Health and Safety Code; and (3) each tenant of a unit within the development shall be given 180 days' written notice prior to actual conversion. Such notice shall include an offer of an exclusive right to contract for his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or on terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date written notice of actual conversion was sent to the tenant. Any such agreement shall be in writing, particularly describe the real property and set forth the name or names of the record title owner or real property affected thereby, and be executed by the person authorized to act on behalf of the local agency and by the subdivider. From the date of execution of the agreement, it shall be binding upon the local agency, the subdivider, and their successors. The fact that a condominium development is subject to such an agreement shall be set forth on the face of any tentative or final map approved by the city and the agreement shall be recorded in the office of the county recorder in which the real property is located on or before the date of recordation of the final map.
2. 
Multifamily rental housing financed on or after January 1, 1983, with the proceeds of sale of tax-exempt bonds sold pursuant to any laws of this state shall not be subject to the requirements of condition (2) prescribed in subsection A of this section, but shall be subject to all the requirements of the law pursuant to which the bonds are being issued, including, but not limited to, any requirement in such law that the housing be maintained as rental housing for a period in excess of 10 years.
B. 
Notice to Prospective Tenants of Intent to Convert to Condominiums.
Prior to the acceptance of any rent or deposit from a prospective tenant, the following notice shall be provided:
To the prospective occupant(s) of
__________
(address)
The owner(s) of this building at (address), have filed a tentative map with (city, county, or city and county) to convert this building to a (condominium, community apartment, or stock cooperative), no sooner than (date). You will be notified at least 180 days prior to the actual conversion. Further, if you still reside in your unit, you will be given an exclusive right to purchase your unit.
_____________________________________
(Signature of owner or owner's agent)
_____________________________________
(dated)
I have received this notice on _________________________
(dated)
_____________________________________
(prospective tenant's signature)
(Prior code § 7.5)