This chapter establishes requirements for applications for the
creation of a condominium or other common interest development (including
a community apartment project, planned development or stock cooperative,
as provided by California Civil Code Section 1351) simultaneously
with the construction of a new structure, and the conversion of an
existing structure to a condominium, consistent with the requirements
of the Map Act.
(Ord. 1308 § 5, 2000)
When a residential structure is proposed at the time of construction as a condominium or other common interest development, a tentative map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner in compliance with Chapter 21.70 (Tentative Map Filing and Processing) of this title. Chapter 21.72 (Parcel Maps and Final Maps) of this title determines whether a parcel or final map shall also be filed.
(Ord. 1308 § 5, 2000)
A condominium conversion is the conversion of real property
to a common interest development as defined by Civil Code Section
1351.
(1)
Approvals Required. A conversion shall require the approval of a
tentative map, and parcel or final map, except where a parcel map,
or tentative and final map are waived in compliance with Map Act Sections
66428(b) or 66428.1, for the conversion of a mobile home park. If
a parcel map is waived, a tentative map shall still be required.
(2)
Application Filing and Processing. A tentative map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner as set forth in Chapter 21.70 (Tentative Map Filing and Processing) of this title, except as otherwise provided by the following provisions of this section.
(3)
Application Contents. Condominium conversion applications shall include
the same information and materials as tentative map applications,
except for conversions of residential projects, which shall also include
the following information and materials.
(A)
Tentative Map. The tentative map for a condominium, community apartment
project, or the conversion of five or more existing dwelling units
to a stock cooperative need not show the buildings or the manner in
which the airspace above the property shown on the map are to be divided.
However, the applicant shall provide an illustration of how division
will occur to enable verification of the accuracy of the legal descriptions
on deeds for the transfer of ownership of the units.
(B)
Verification of Stock Cooperative Vote. If the development being
converted to a condominium is a stock cooperative, the application
shall also include verification of the vote required by Map Act Section
66452.10.
(C)
Relocation Assistance Program. A program proposed by the applicant
that will assist tenants displaced through the conversion in relocating
to equivalent or better housing.
(D)
Vacancy Rate Assessment. An assessment of the vacancy rate in multi-family
housing within the city.
(E)
Mobile Home Park Conversion Impact Report. If the development being
converted to a condominium is a mobile home park, the application
shall also include the report required by Map Act 66427.4.
(4)
Staff Report. The staff report on the tentative map for the condominium conversion (Section 21.74.030 of this chapter) shall be provided the subdivider and each tenant of the subject property at least three days before any hearing or action on the tentative map by the commission or council.
(5)
Public Notice. The following notice shall be provided in addition to that required by Chapter 21.58 (Public Hearings) of this title:
(A)
Tenant Notice. The subdivider shall give notice to all existing or
prospective tenants as set forth in Map Act Sections 66452.8 and 66452.9,
and shall provide the department satisfactory proof that the notice
was given; and
(B)
Public Hearing Notice. Notice of the public hearing(s) on the tentative
map shall be provided to all tenants of the subject property, as required
by Map Act Section 66451.3.
(6)
Approval of Conversion—Required Findings.
(A)
Time Limit—Stock Cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within one hundred twenty days of the application being found complete in compliance with Section 21.32.050 (Initial application review) of this title. The one hundred twenty-day time limit may be extended by mutual consent of the subdivider and the city.
(B)
Conversion Findings—Residential Projects. Approval of a tentative
or final map for a subdivision to be created from the conversion of
residential real property into a condominium project, community apartment
project or stock cooperative shall not be granted unless the findings
set forth in Map Act Section 66427.1 are first made.
(7)
Completion of Conversion. The filing, approval and recordation of a parcel map or final map in compliance with Chapter 21.72 (Parcel Maps and Final Maps) of this title shall be required to complete the subdivision process, except where a parcel map, or tentative and final map are waived for the conversion of a mobile home park in compliance with Map Act Section 66428(b).
(Ord. 1308 § 5, 2000)
