In that condominiums often differ from apartments in several
respects, including design, construction and maintenance controls,
it is necessary that standards controlling the conversion of residential
buildings currently and/or previously occupied by tenants to residential
units owned separately, as in a condominium, or collectively, as in
a stock cooperative, be adopted for the protection of purchasers and
the community at large. In order to achieve this purpose the planning
commission is empowered to grant and to deny applications for a condominium
conversion permit in such zones as are prescribed in the zone regulations
and to impose reasonable conditions upon the granting of a condominium
conversion permit, subject to the right of appeal to the city council
or to review by the city council.
(Ord. 977 § 1, 1980)
(A)
The provisions of this chapter shall apply to any proposal to convert
an existing housing development which has been or is being occupied
to a residential condominium project. For the purpose of this chapter,
"residential condominium" means and includes the following:
(1)
A condominium project as defined in Section 1350 of the Civil Code,
containing two or more condominiums as defined in Section 783 of the
Civil Code;
(2)
A community apartment project as defined in Section 11003 of the
Business and Professions Code;
(3)
A stock cooperative as defined in Section 11003.2 of the Business
and Professions Code;
(4)
Any other such development or project as may be defined by law.
(B)
A condominium conversion project shall be subject to the requirements and procedures applicable to subdivisions as generally set forth in Section 66426 of the Government Code, Title 21 of this code, and any additional requirements and procedures set forth in this chapter.
(Ord. 977 § 1, 1980; Ord. 1060 § 3, 1984)
(A)
Documents Required.
(1)
An application for a condominium conversion permit shall be filed
with the director of community development on a form prescribed by
the director of community development and shall include the following
data and maps:
(a)
Name and address of the applicant;
(b)
Statement that the applicant is the owner or the authorized agent
of the owner of the property on which the use is proposed to be located;
(c)
Address and legal description of the property;
(d)
Statement indicating the precise manner of compliance with each of
the applicable provisions of this chapter, together with any other
data pertinent to the findings prerequisite to the granting of a condominium
conversion permit;
(2)
A comprehensive building report prepared by a licensed civil, structural
engineer or licensed architect, which includes: material, date(s)
of original construction, type of construction, condition, and present
useful life where applicable to the following:
(a)
Walls, interior and exterior;
(b)
Plumbing;
(c)
Electrical;
(d)
Roof;
(e)
Walks;
(f)
Garaging;
(g)
Insulation;
(h)
Life safety systems;
(i)
Trash disposal;
(j)
Tiling;
(k)
Fixtures and appliances;
(l)
Drainage;
(m)
Landscaping;
(n)
Swimming pools, jacuzzis, hot tubs, saunas, fountains or other similar
recreational facilities;
(o)
Driveways;
(p)
Walls and fences;
(q)
Stones or brickwork;
(r)
Heating, including furnaces;
(s)
Air conditioning;
(t)
Fireplaces;
(u)
Floors;
(v)
Laundry facilities;
(w)
Exterior lighting;
(x)
Deferred maintenance;
(y)
Number and composition of existing tenants.
(3)
Plot plans and elevations, full dimensioned, indicating the type
and location of all buildings and structures, parking and landscape
areas and signs. Elevation plans shall be of sufficient detail to
indicate the type and color of materials to be employed and methods
of illumination for signs. Screening, landscape and irrigation plans
shall be included in the plans.
(4)
Such other plans and data as are deemed necessary by the director
of community development.
(5)
A structural pest report prepared and certified by a licensed structural
pest control operator, which report may be filed after tentative approval
but not later than twenty days prior to submittal of the final map.
(6)
A report shall be submitted to the director of community development
setting forth all repairs and replacements necessary, if any, to immediately
place the buildings in substantial compliance with the Uniform Building
Code, Uniform Housing Code, National Electrical Code, Uniform Plumbing
Code, Uniform Fire Code, Uniform Mechanical Code, and any other uniform
building-related codes as modified and adopted by the city and the
probable cost of such work. Such report shall include a report prepared
by a licensed mechanical engineer verifying the condition of the mechanical
elements of the project, including, but not limited to, furnaces,
air conditioners, pipes, water heaters and plumbing fixtures.
(B)
Upon receipt of the application and all documents as required, the
director of community development shall submit copies of applicable
reports or documents to the fire department, building division and
other departments and divisions as found necessary.
(C)
The building official shall cause an inspection to be made of all
buildings and structures in the existing development. An inspection
report shall be prepared at or under his direction identifying all
items found to be in violation of current code requirements for such
buildings or structures, or found to be hazardous.
(D)
The fire marshal shall cause an inspection to be made of said project
to determine the sufficiency of fire protection systems serving said
project and report on deficiencies.
(E)
The director of community development may submit copies of such documents
to other departments for their review and requirements, as set forth
elsewhere in this code.
(F)
The building official or designee shall review the property report
submitted by applicant and may require its revision and resubmission
if found inadequate in providing the required information.
(Ord. 977 § 1, 1980)
The application shall be accompanied by a fee established by
resolution of the city council to cover: (1) the cost of handling
and processing the application and documents prescribed by this chapter;
and (2) the cost of the inspections required by this chapter.
(Ord. 977 § 1, 1980)
Upon acceptance of an application for a condominium conversion permit, the director of community development shall cause the matter to be set for hearing before the planning commission, the hearing to be not more than forty-five days from the acceptance of the application. Public notice of the hearing shall be subject to the provisions of Section 25.05.065, and shall be mailed to all tenants of the project apartments proposed to be converted to condominiums. However, if a coastal development permit is required pursuant to Chapter 25.07, noticing for that type of permit shall instead be carried out through the public notice provisions of Section 25.07.014. At the public hearing the commission shall review the application and supporting documentation submitted therewith, and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained.
(Ord. 977 § 1, 1980; Ord. 1555 § 12, 2011; Ord. 1577 § 12, 2013)
(A)
Within thirty days after the conclusion of the public hearing, the
planning commission shall approve, conditionally approve, or deny
the condominium conversion permit application. Notice of the action
taken shall be mailed to the applicant.
(B)
The commission, in approving a condominium conversion permit application,
shall by resolution adopted by an affirmative vote of not less than
the majority of its total voting members, find as follows:
(1)
That the proposed location of the condominium conversion project
is consistent with the land use designations of the general plan and
the purpose of the zone in which the site is located;
(2)
That the proposed location of the condominium conversion project
and the conditions under which it would be operated or maintained
will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity;
(3)
That the proposed condominium conversion project will comply with
each of the applicable provisions of this title, except for approved
variances;
(Ord. 977 § 1, 1980)
(A)
Initiation of Appeal. The applicant or any other person who is not
satisfied with the decision of the planning commission, may appeal
to the city council by filing a written notice of appeal with the
city clerk within twenty days after the decision of the planning commission.
The notice of appeal shall be on the form provided and shall state
the grounds for the appeal and shall specify wherein the planning
commission is alleged to have erred, or has failed to conform to the
requirements of this title. The notice of appeal shall be accompanied
by the required filing fee as established by resolution of the city
council.
(B)
Right of Review by City Council. Any member of the city council may initiate proceedings for review by the city council of any decision of the planning commission granting or denying a condominium conversion permit by verbal or written request presented at a regular meeting of the city council within twenty days after the decision of the planning commission. The city clerk shall set a date for public hearing and give notice thereof in the manner specified in subsection (C). The procedures set forth in subsections (D) through (F) shall be applicable to any review proceedings by the city council.
(C)
Date and Notice. Upon receiving a notice of appeal, the city clerk
shall set a date for public hearing on the appeal which shall not
be less than ten nor more than thirty days from the date of filing
of the appeal. The city clerk shall give notice of the appeal to all
tenants in the project proposed to be converted as contained in the
application, to the owners of property within three hundred feet of
the subject property, to the applicant and to the appellant. The city
clerk shall mail written notice of the date of the hearing to the
appealing party and shall also transmit a copy of the notice of appeal
to the director of community development.
(D)
Record of the Planning Commission. Upon receiving the notice of appeal,
the director of community development shall transmit to the city council
the written findings of the planning commission, together with all
maps, exhibits and other documentary evidence considered by the planning
commission in reaching its decision.
(E)
City Council Decision. The city council may by resolution reverse
wholly or in part, or may modify any decision, determination or requirement
of the planning commission, and shall state in said resolution the
reasons for its decision. At least four affirmative votes shall be
required to overrule any decision of the planning commission denying
a condominium conversion permit.
(F)
Withdrawal of Appeal. An appeal may be withdrawn at the request of
the appealing party at any time prior to the decision of the city
council.
(Ord. 977 § 1, 1980)
(A)
Revocation. The planning commission may by resolution and after public hearing with notice in accordance with Section 25.47.050, revoke any condominium conversion permit for noncompliance with any of the conditions set forth in the resolution granting the application. Written notice of intention to revoke shall be mailed to the applicant not less than thirty days before the hearing by the planning commission. The revocation may be appealed in the manner provided in Section 25.47.070 of this section.
(B)
Lapse of Condominium Conversion Permit. A condominium conversion
permit shall lapse and shall become void one year after the date on
which the conversion permit became effective, unless prior to the
expiration of one year: a building permit is issued and construction
is commenced and diligently pursued toward completion of the project
which was the subject of the conversion permit application; or a certificate
of occupancy was issued for the structure which was the subject of
the condominium conversion permit application. A conversion permit
subject to lapse may be renewed for an additional period of one year,
provided that prior to the expiration date, an application for renewal
of the conversion permit is filed with the planning commission. The
planning commission may grant or deny an application for renewal of
the condominium conversion permit.
(Ord. 977 § 1, 1980)
In addition to the condominium conversion permit required by
this chapter, any project proposed under this chapter shall require
the issuance of a certification of occupancy by the building official.
The certificate may be applied for concurrently with the condominium
conversion permit but no certificate shall be issued until the permit
is issued and all conditions of this chapter have been complied with.
(Ord. 977 § 1, 1980)
(A)
The applicant shall notify in writing all tenants of his or her intention
to convert to condominium one hundred eighty days prior to termination
of tenancy due to the conversion or proposed conversion.
(B)
The present tenant or tenants of any unit to be converted shall be
given an exclusive right to contract to purchase the unit occupied.
Such right shall be irrevocable for a period of sixty days after the
commencement of sales.
(C)
Unless tenants of the building proposed to be converted were given
written notice of the intention to convert to condominiums by the
owner or owner's agent at the time the tenant signed rental or lease
agreements, the applicant shall compensate the tenants for their relocation
expenses as follows:
(1)
Actual costs of relocation not to exceed five hundred dollars per
residential unit, to be paid at the time of the notice of termination
(eviction) is presented;
(2)
The applicant shall, where possible, permit a tenant to terminate
any lease or rental agreement without any penalty whatsoever after
notice has been given of the intention to convert to condominiums,
if such tenant notifies the applicant in writing thirty days in advance
of such termination;
(3)
The applicant shall allow an extension of time to permit a tenant
or tenant's dependent to complete a school's semester or quarter as
the case may be.
(Ord. 977 § 1, 1980)
(A)
All condominium conversion units shall have separate service systems,
including water service, gas and electrical. All services shall be
individually metered to all condominiums. Main sewer lines shall be
in easements when not in the public right-of-way.
(B)
All buildings and structures shall be made to comply with all existing
and applicable building and housing regulations of the city in effect
at the time of condominium conversion permit issuance. All condominium
conversion units shall be brought into compliance with dwelling unit
requirements as set forth in the Uniform Plumbing Code, National Electrical
Code, Uniform Mechanical Code, and Uniform Building Code, as modified
and adopted by the city.
(C)
All units proposed to be converted shall comply with the parking
ordinance of the city in effect at the time application for condominium
conversion permit is made.
(D)
Each unit shall be separated by a two-hour fire rated sound attenuated
wall.
(E)
Three hundred cubic feet of private storage space shall be provided
for each unit. Customary closets and cupboards within the dwelling
unit shall not be credited for meeting this requirement.
(F)
Each unit shall have separate laundry facilities or a conveniently
located common laundry facility.
(G)
Living units shall not be permitted over garages unless one of the
following conditions exists: (1) the garage serves the unit above;
(2) the garage is an underground type parking garage; or (3) adequate
sound attenuation and fire protection measures are provided between
the unit and the garage as approved by the building official and fire
marshal.
(H)
Each garage shall not be located more than one hundred feet walking
distance from the unit it serves.
(I)
The applicant shall improve or post a cash bond with the city guaranteeing
the installation of the improvements to city standards of substandard
or deficient street improvements fronting the property within the
public right-of-way, to the satisfaction of the city engineer in accordance
with current policy. These improvements may include but shall not
be limited to curbs, gutters, sidewalks, ramps, driveways, drainage
devices, trees, tree wells and street lights.
(J)
Each unit to be converted shall be provided with an approved smoke
detector.
(K)
All garbage disposals, dishwashers, water heaters, ranges, ovens
and through-the-wall air conditioners which are more than three years
old shall be replaced.
(L)
Covenants, conditions and restrictions shall be recorded which shall
provide for perpetual maintenance of grounds and buildings and shall
include a full statement of the age of the buildings and any modifications
and refurbishings started and/or completed within one year of offering
the project for sale as a condominium, and shall provide an explanation
to the buyer of his responsibility for sharing the maintenance and
upkeep of buildings and structures within the project area other than
his own unit. A copy of the conditions, covenants and restrictions
shall be approved in advance of recordation by the city attorney and
filed in the office of the director of community development.
(M)
Wall-to-wall carpeting shall be required in all rooms except kitchens
and bathrooms where a sound transmission class of fifty is not met
by existing floor-to-ceiling assemblies.
(N)
All fees for sanitary sewers shall be paid, if not previously paid.
(Ord. 977 § 1, 1980; Ord. 1028 § 1, 1982)
(A)
Recognizing that conversions of existing structures to condominium usage present unique problems with respect to meeting the requirements of condominium construction, the planning commission may vary, upon application, by the applicant for the condominium conversion permit in accordance with the provisions of Chapter 25.44 of this title, the development standards found in Section 25.47.110 with regard to a particular conversion project upon the additional findings that the creation of the proposed conversion will not have the potential to contravene the intent and purpose of this chapter.
(Ord. 977 § 1, 1980; Ord. 1010 § 2, 1981; Ord. 1061 § 4, 1984)
