The procedures and standards contained in this chapter shall apply to all condominium projects and all condominium conversions, except for condominium conversions for which a complete application was made prior to March 1, 2006.
No residential condominium conversion may be considered to include four units or less unless it is contained within a residential development that contains no more than four dwelling units.
(Ord. 523 § 2, 2007)
No condominium project or condominium conversion shall be permitted unless a conditional use permit is approved pursuant to the provisions of this chapter and Section 9-2.110 of this Code. Condominium projects and condominium conversions shall also require a tentative map or vesting tentative map and a final map or parcel map pursuant to Title 11 of this Code, and shall be subject to all applicable provisions of the Subdivision Map Act, Title 11 of this Code, and all other applicable state and local laws and ordinances. Provisions for notice, hearing, and appeal shall be as specified in Title 9 and Title 11 of this Code for conditional use permits and tentative maps, respectively, except as modified by the provisions of this chapter.
(Ord. 523 § 2, 2007; Ord. 620 § 4, 2019)
A conditional use permit application for a condominium project shall be completed and submitted along with an environmental assessment form completed to the satisfaction of the Community Development Director and all other information as described on the checklist attached to the application.
An application for a tentative map or tentative parcel map shall be submitted concurrently with the conditional use permit application. The tentative map or tentative parcel map shall be accompanied by all information described in the checklist attached to the application.
Where the information requirements for a conditional use permit and tentative map conflict, the requirements for the greatest amount of information shall apply.
(Ord. 523 § 2, 2007; Ord. 635 § 5, 2020)
The conditional use permit application for a residential condominium conversion shall be accompanied by an application for a tentative map as required by Title 11 of this Code. The application shall include all information required by Title 11 and by Section 9-2.110 and the following additional information:
(a) 
Housing Impact Report. A report that describes the number of households that may be displaced; the numbers of persons residing in all households; the age and income levels of all tenants; units occupied by persons who are over 62 years of age, disabled, or between five and 18 years of age; the square footage, number of bedrooms, rental rates, and vacancy rate of all units for the previous three years; and documentation of the community-wide number of rental units with similar rental rates. The housing impact report shall also include the location of the proposed affordable units required by Section 9-12.107(a) and their proposed affordability level, except for condominium conversions of four units or less.
(b) 
Property Condition Report. A detailed description of the physical condition of the property, including:
(1) 
Property and structural compliance with the current building and zoning codes, including foundations, ventilation, utilities, walls, roofs, windows, mechanical and electrical equipment, appliances which will be sold with the units, common areas, roads, paved and parking areas, utilities and infrastructure. The report shall state, to the best knowledge of the applicant, and for each element: the date of construction, the condition, the expected useful life, the cost of replacement, and any variation from current building and zoning codes. The report shall identify all defective or unsafe elements or those which may impair use and enjoyment of the property; corrective measures required to meet current code standards; modifications needed to meet current sound attenuation and energy conservation standards; estimated costs of needed repairs and annual maintenance costs, including a sinking fund; and the estimated annual amount of homeowners' association fees. The report shall be prepared by a registered civil or structural engineer or architect;
(2) 
A report from a licensed pest-control operator describing in detail the presence and effects of any wood-destroying organisms; corrective measures; and estimated repair costs;
(3) 
A report of any known soil or geological problems, prepared by a licensed geotechnical engineer; required and recommended corrective measures; and estimated repair costs. Reference shall be made to any previous soils or geotechnical reports prepared for the site;
(4) 
A report by the Building Official, Fire Marshal, and Planning Services, or designee, regarding the building's and site's compliance with current building and zoning codes and listing any code violations found.
(c) 
Site Plan. A site plan which shall include at least the following:
(1) 
The location, number of stories, number of dwellings, and proposed use of each structure to remain and of any proposed new structure;
(2) 
The location, use, and type of surfacing for all open storage areas;
(3) 
The location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas, and curb cuts;
(4) 
The location and number of all covered and uncovered parking spaces;
(5) 
The location of all existing and proposed utility lines and meters;
(6) 
The location, height and type of materials for walls and fences;
(7) 
The location of all landscaped areas, the type of landscaping, method of irrigation, exterior lighting, and a statement specifying private or common maintenance;
(8) 
The location and description of all recreational facilities;
(9) 
The location, size, and number of parking spaces to be used in conjunction with each unit;
(10) 
The location, type, and size of all drainage pipes, structures, and basins;
(11) 
Existing contours, building pad elevations, and percent slope for all driveways and parking areas.
(d) 
Tenant Information Package. A tenant information package that includes at least the following:
(1) 
The name and address of developer and/or property owner;
(2) 
A copy of the housing impact report and property condition report that are submitted in compliance with subsections (a) and (b) of this section;
(3) 
The approximate sales price of each unit;
(4) 
Provisions for affordable housing in compliance with Section 9-12.108(a), except for condominium conversions of four units or less; and
(5) 
A copy of the Notice of Intent to Convert required by Section 9-12.107(a).
The Tenant Information Package shall be delivered to each tenant within five working days after the Community Development Director has approved the Tenant Information Package.
(e) 
Evidence of Delivery of Required Notices.
(1) 
Signed copies from each tenant acknowledging receipt of the Notice of Intent to Convert; or, for each tenant for whom a signed acknowledgment is not submitted. Satisfactory evidence that the Notice of Intent to Convert was sent to each tenant in compliance with the legal requirements for service by mail and was sent by U.S. certified mail, return receipt requested.
(2) 
Evidence to the satisfaction of the Community Development Director that all tenants of the proposed condominium conversion have been, or will be, given all written notices required by this chapter and by the Subdivision Map Act, and that such notices have, or will, comply with the legal requirements for service by mail. The applicant shall provide the City with copies of all affidavits prepared in compliance with Code of Civil Procedure Section 1013a.
(f) 
Other Information. Any other information which in the opinion of the Community Development Director will assist in determining whether the findings required by Sections 9-2.110 and 9-12.111 of this Code can be made. The applicant shall submit to the City a copy of each application for a public report made to the California Department of Real Estate, including a copy of the supplemental questionnaire for apartments converted to condominiums.
(Ord. 523 § 2, 2007)
In addition to the notices of public hearing required by Sections 9-1.110 and 11-4.06 of this Code, the following additional notices shall be given. Notice shall comply with the legal requirements for service by mail contained in Code of Civil Procedure Sections 1012, 1013, and 1013a or as otherwise required by law, or shall be made by personal delivery to each tenant or other person entitled to receive notice, confirmed by written acknowledgement of receipt of the notice. In addition, the Notice of Intent to Convert, Right to Purchase and Intention to Convert Notice, and copies of City staff reports shall be delivered to each occupied dwelling unit included in the proposed conversion. If a rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese or Korean, all required notices to that tenant shall be issued in that language. The applicant shall also provide any additional notice required by the Subdivision Map Act or other state or federal law. It is the City's intent that the provisions of this section apply to all residential condominium conversions, including condominium conversions of four units or less.
(a) 
Notice of Intent to Convert. The applicant shall give a written Notice of Intent to Convert to each tenant at least 60 days prior to submittal of the conditional use permit and tentative map application for the condominium conversion. The notice shall be in the form prescribed by the Subdivision Map Act and in addition shall include the following:
(1) 
Name and address of current owner;
(2) 
Name and address of subdivider;
(3) 
Approximate date on which the unit is to be vacated by nonpurchasing tenants if the conditional use permit and tentative map are approved;
(4) 
The tenant's right to continue to rent the unit for at least 180 days after the date of any approval of the conditional use permit and tentative map, or for up to one year beyond the 180 day termination period if any resident of the unit is over 62 years of age, disabled, lower income, or has school-age children. The Notice of Intent to Convert shall describe how the tenant may establish that a resident of the unit is over 62 years of age, disabled, or has school-age children, or that the household qualifies as a lower-income house-hold;
(5) 
The tenant's exclusive right to purchase the unit upon the same terms that the unit will initially be offered to the general public, or on more favorable terms, for a period of at least 90 days after a subdivision public report has been issued by the California Department of Real Estate or after commencement of sales, whichever is later;
(6) 
Except for condominium conversions of four units or less, provisions for affordable housing as required by Section 9-12.108(a);
(7) 
A general description of the relocation assistance to be provided pursuant to Section 9-12.109(a)(1);
(8) 
The tenant's right to terminate any lease or rental agreement for the unit as provided by Section 9-12.112(a);
(9) 
Protection from unjust eviction as required by Section 9-12.112(b);
(10) 
Limitations on rent increases as required by Section 9-12.112(c);
(11) 
City contact information (telephone, street address, and e-mail address).
(b) 
Notice to Prospective Tenants. Commencing not less than 60 days prior to submittal of the conditional use permit and tentative map application for the condominium conversion, the applicant shall, before accepting any rent or deposit from any prospective tenant, provide the prospective tenant with the notice required by Government Code Section 66452.8, a copy of the Notice of Intent to Convert, and a copy of the Tenant Information Package, if it has been approved by the Community Development Director.
(c) 
Tenant Information Package. The applicant shall provide all tenants with a copy of the Tenant Information Package specified in Section 9-12.106(d) within five working days of its approval by the Community Development Director.
(d) 
Public Report Submittal Notice. The applicant shall provide a Public Report Submittal Notice to each tenant within 10 days of the submittal of an application for a public report to the California Department of Real Estate, in the form prescribed by the Subdivision Map Act. The notice shall indicate that the public report will be available to the tenant upon request and that the tenant's exclusive right to purchase commences no earlier than the date of issuance of the final public report.
(e) 
Issuance of Public Report Notice. The applicant shall provide an Issuance of Public Report Notice to each tenant within five days after the date that the applicant receives the public report from the California Department of Real Estate, in the form prescribed by the Subdivision Map Act.
(f) 
Approval Notice. The applicant shall provide an Approval Notice to each tenant within 10 days of any approval of the final map for the condominium conversion, in the form prescribed by the Subdivision Map Act.
(g) 
Exclusive Right to Purchase Notice. The applicant shall provide each tenant with an Exclusive Right to Purchase Notice at the beginning of the tenant's exclusive right for a period of 90 days to contract for the purchase of the unit upon the same terms that the unit will initially be offered to the general public, or on more favorable terms. The Right to Purchase Notice shall state the date that the 90 day period will commence, describe the terms on which the unit is being offered, comply with the requirements of the Subdivision Map Act, and include the information for buyers specified in Section 9-12.113 and the subdivision public report.
(h) 
Continued Right of Occupancy and Intention to Convert Notice. After City approval of the conditional use permit and tentative map, the applicant shall provide each tenant with a Continued Right of Occupancy and Intention to Convert Notice stating that each tenant will be given a minimum period of 180 days to vacate the unit, unless the period is extended pursuant to Section 9-12.109(a)(2). This Continued Right of Occupancy Notice is not a notice to terminate the tenancy as required by Civil Code Section 1946.1. The Notice shall be consistent with the form prescribed by the Subdivision Map Act.
(i) 
Notices of Public Hearing and Copies of City Staff Reports. As required by the Subdivision Map Act, the applicant shall provide each tenant with a copy of any hearing notice and any staff report on the condominium conversion at least three days prior to any public hearing on the proposed condominium conversion.
(Ord. 523 § 2, 2007)