For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Applicant"
means the owner or subdivider with a controlling proprietary interest in the condominium conversion project, or the person or organization making application under this chapter.
"Application date"
means that date on which the completed application for conversion was received by the city.
"Association"
means the organization of persons who own a lot, parcel, area, condominium or right of exclusive occupancy in a condominium conversion project.
"Capital improvement fund"
means a fund set aside to defray the expenses of major repairs, reconstruction or maintenance. The fund shall not be used for the routine maintenance of ground or other common areas.
"Community apartment project"
means a project in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located therein.
"Condominium"
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, commercial, or industrial complex located on such real property. A "condominium" may include, in addition, a separate interest in other portions of such real property.
"Conversion"
means the development of land and existing structures as either a condominium, stock cooperative or community apartment project. "Conversion" does not include development of previously undeveloped land to a condominium, stock cooperative or community apartment project. "Conversion" does not include development of previously undeveloped land to a condominium or stock cooperative nor shall "conversion" include the redevelopment of previously developed land in such forms when all of the structures will be removed from the land prior to the redevelopment.
"Organizational documents"
means the declaration of restrictions, articles of incorporation and bylaws of the association.
"Stock cooperative"
means a corporation formed 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 received 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 transfer of the shares of stock in the corporation held by the person having such right of occupancy.
"Tenant"
means the person or persons who have signed a rental/lease agreement with the landlord and any persons living with this person in compliance with that rental agreement.
(Ord. 1719 § 1, 2010)
Subject to obtaining a conditional use permit pursuant to the provisions of this chapter, and subject to any requirements of the Subdivision Map Act and any local ordinances adopted pursuant to the Subdivision Map Act, conversions shall be allowed in all zones in which the use is otherwise proper.
(Ord. 1719 § 1, 2010)
Before filing any application for a condominium conversion, the applicant shall submit to the planning coordinating committee, as established in Section 18.52.100, preliminary plans, sketches and basic site information for consideration and advice as to the relation of the proposal to the general development objectives to be attained in the area and as to the policies of the planning commission and city council with reference thereto.
(Ord. 1719 § 1, 2010)
A. 
An application for a conditional use permit for a conversion shall be filed with the director of planning per Chapter 18.66 and shall include site plans, floor plans and architectural plans per Section 18.68.030.
B. 
The applicant shall also submit the following:
1. 
A description of all common areas, facilities and amenities which are to be provided for the enjoyment and use of unit owners;
2. 
A report, in content and in form satisfactory to the director of community development, showing the extent to which the proposed conversion will not comply fully with the building code of the city and this title, existing as of the date of application and also as of the date of the issuance of any building permit of the original construction of the building;
3. 
A property report describing the condition and useful life of the roof, foundation, mechanical and electrical, plumbing and structural elements of all existing buildings and structures. This report shall be prepared by either a registered civil or structural engineer or a licensed general building contractor or a general engineering contractor;
4. 
A structural pest report prepared by a licensed structural pest control operator indicating the presence or absence of wood-destroying pests or organisms;
5. 
A proposed annual operating budget for the project once converted which shall be reasonably calculated to provide for the accumulation of funds necessary to pay for major anticipated maintenance, repair and replacement expenses;
6. 
The proposed organizational documents for the project;
7. 
Application for a variance from any of the requirements of this code with which the applicant feels he/she cannot reasonably comply;
8. 
A list of the names and mailing addresses of each tenant occupying any unit proposed to be converted, together with a statement designed to be mailed to tenants, which statement shall advise them of the applicant's wish to convert. This statement shall indicate the applicant's proposed program for relocation of tenants, shall advise tenants of their rights pursuant to Government Code Section 66247 as applicable, shall set forth the anticipated timing of the proposed conversion if it is approved, and shall indicate a telephone number at which the applicant will be available during business hours to discuss the proposed conversion with tenants. The statement shall also include a blank space for the insertion of the date of any planning commission hearing;
9. 
Such other information as may be deemed necessary by the director of community development.
(Ord. 1719 § 1, 2010; Ord. CC 2026-01, 4/6/2026)
For each application for a conditional use permit for condominium conversion, the city shall charge a fee as established by resolution to defray the expenditures incidental to the proceedings prescribed in this chapter. This fee shall not preclude the payment of other applicable fees.
(Ord. 1719 § 1, 2010)
Notwithstanding the provisions defined in this chapter, no provision shall be construed as to limit the enforcement of any other applicable laws or regulations. Where a conflict may exist the more restrictive provisions shall apply.
(Ord. 1719 § 1, 2010)
The planning commission shall take into account the requirements of this title when considering an application pursuant to this chapter. The planning commission may waive or modify such requirements only if it deems that compliance to them would be an unreasonable condition.
(Ord. 1719 § 1, 2010)
No application for a conditional use permit for a residential conversion can be approved unless each of the following standards are met or a variance from them granted:
A. 
Parking. See Chapter 18.14.
B. 
Minimum lot area per dwelling unit shall be equal to or greater than applicable to the zone in which the proposed conversion is located.
C. 
No parcel shall have less than one thousand square feet of usable yard area. The minimum required usable yard areas shall not be less than two hundred square feet for each dwelling unit, either as private usable open space or a combination of private and common open space with at least thirty percent of the total number of dwelling units having a private usable open space area. Such yard area shall be developed pursuant to Section 18.26.040(E).
D. 
Each dwelling unit shall have a minimum floor area equal to or greater than that required by the provisions of this code applicable to the zone in which the proposed conversion is located.
E. 
Each dwelling unit shall be provided with a minimum of one hundred fifty square feet of storage space within an enclosed, locked cabinet or closet. This space shall be in excess of any closet space within the unit.
F. 
The exterior walls and walls separating adjoining dwelling units shall attenuate sound in accordance with the provisions of the Uniform Building Code as amended and adopted by the city in effect at the time of the application.
G. 
Each dwelling unit for a residential conversion shall comply with the requirements of the Uniform Fire Code as adopted and amended by the city in effect at the date of application.
H. 
The applicant shall provide to the homeowners' association an amount equal to one percent of the sales price for the first fifteen units and one-half percent of the sales price for each additional unit in order to ensure the ability of the association to maintain the common areas of the development. This amount shall be deposited in a separate capital improvement fund at the time of the closing of each escrow. The organization documents shall require the establishment of this fund.
I. 
The applicant shall provide to any tenant whose tenancy is terminated as part of the conversion process with reasonable moving expenses not to exceed one month's rent.
J. 
In addition, with respect to any tenant over the age of sixty-five years or any handicapped tenant whose tenancy is terminated as part of the conversion process, the applicant shall provide the person with reasonable packing expenses not to exceed one month's rent.
(Ord. 1719 § 1, 2010)
Any deficiencies identified in the reports submitted pursuant to this chapter shall be corrected unless specifically waived by the planning commission or city council.
(Ord. 1719 § 1, 2010)
After the planning commission and/or city council have approved a rental development, no application shall be accepted for a condominium conversion within three years of the issuance by the building department of the certificate of occupancy. Any request received during this time shall comply with all requirements of a condominium development.
(Ord. 1719 § 1, 2010)
If the standards set forth in Section 18.64.080 are met or variance granted to them, the planning commission or the council may grant the conditional use permit subject to such conditions as it deems appropriate and necessary if it determines that the conversion as conditioned is consistent with the public health, safety and convenience in light of all relevant factors.
(Ord. 1719 § 1, 2010)