All residential condominium projects and all residential condominium conversions shall comply with the following provisions prior to recordation of the final map.
(a) 
Affordable Housing. Except for residential condominium projects and residential condominium conversions of four units or less, the applicant shall agree to rent or sell 20% of the total number of residential units or units to be converted to very low-, lower-, and moderate-income households, as follows:
(1) 
Four percent of the total number of units to be converted shall be rented or sold at an affordable ownership cost or affordable rent to very low-income households;
(2) 
Seven-and-one-half percent (7.5%) of the total number of units to be converted shall be rented or sold at an affordable ownership cost or affordable rent to lower-income households;
(3) 
Eight-and-one-half percent (8.5%) of the total number of units to be converted shall be rented or sold at an affordable ownership cost or affordable rent to moderate income households.
The units shall remain affordable for 30 years, except that, if the condominium project or condominium conversion is located within a redevelopment project area, the units shall remain affordable for 45 years, if sold to qualifying households, or for 55 years, if rented to qualifying households. The affordable units shall be distributed throughout the project and not concentrated in one location. Fractions of units of 0.5 or greater shall be rounded up to the next highest whole number. For fractions of less than 0.5, the applicant may provide an additional affordable unit or pay in-lieu fees established by the City prior to final map approval. Tenants of the condominium conversion project who are income-qualified shall be given priority to acquire the affordable units, and a lottery shall be used if necessary to determine unit possession. The affordable units required by this section shall be provided in addition to any existing deed restricted affordable units in the project. If the project is subject to the affordable housing requirements of other ordinances or agencies, then the most restrictive requirements shall apply. Prior to approval of the final map, an affordable housing agreement between the applicant and the City shall be recorded to ensure continued affordability of the required affordable units.
(b) 
Association Documents. The declaration of covenants, conditions and restrictions, articles of incorporation, bylaws, and contracts for the maintenance, management, or operation of any part of the condominium conversion project shall be submitted to the City for review and approval prior to approval of the final map, to ensure that the documents comply with all required conditions of approval. In addition to the requirements of Civil Code Section 1355 and any requirements which might be imposed by the City consistent with these regulations, the organizational documents shall include provisions concerning the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities, utilities and landscaping; a proposed annual operating budget containing a reserve fund to pay major anticipated maintenance, repair, or replacement expenses; and an estimate of initial annual homeowner's dues. The declaration of covenants, conditions, and restrictions shall also contain the following specific provisions:
(1) 
No trailers, boats, or recreational vehicles may be parked on the site;
(2) 
Vehicles may only be parked in designated parking areas;
(3) 
A provision establishing the obligation and duty of the governing body of the homeowners association to continually maintain the common areas in a manner which, at a minimum, ensures compliance with this Code, any conditions of approval, and all other applicable laws, regulations, and standards;
(4) 
A provision for annual assessments for maintenance and for capital improvements;
(5) 
CC&R provisions required to comply with the City's conditions of approval may not be modified without the City's consent.
(Ord. 523 § 2, 2007)
(a) 
The following conditions are applicable to residential condominium conversions:
(1) 
Relocation Assistance. Following approval of the conditional use permit and tentative map, the applicant shall enter into an agreement with the City to provide each tenant household that vacates a unit with a relocation payment equal to three months rent for the unit currently occupied by that household. The relocation payment shall be paid at least 30 days before the household vacates its unit. The applicant shall also provide active assistance in securing comparable replacement housing for each tenant who will be displaced.
(2) 
Extension of Lease or Rental Agreement for Certain Tenants. For tenant households that include a person over 62 years of age or a disabled person, or if the household is a lower-income household, the applicant shall extend the household's rental agreement or lease for one year beyond the 180 day termination period specified in Section 9-12.107(h). For tenant households that include a dependent person attending kindergarten through Grade 12, if the 180 day termination period ends in the middle of a school year, then the applicant shall extend the household's rental agreement or lease until 30 days after the end of the school year.
(3) 
Warranty. The applicant shall provide a warranty for a period of one year from the date of the sale of the last individual unit free of charge to the homeowners' association for all project components that are owned or maintained by the association. The warranty shall guarantee the condition of the common area items, including, but not limited to, roads, paving, drainage systems, landscaping and recreational facilities. The warranty shall also guarantee the condition of all residential and/or common area structures, roofing, foundations, plumbing, electrical system, heating and ventilation, mechanical systems, and utilities. The City shall review and approve the form of the warranty prior to approval of the final map.
(4) 
Right to Purchase. In conformance with the Subdivision Map Act, the applicant shall provide each tenant with an exclusive right for a period of 90 days to contract for the purchase of the tenant's unit upon the same terms that the unit will initially be offered to the general public, or on more favorable terms, as further described in Section 9-12.107(g).
(5) 
Building and Zoning Regulations. To the extent feasible, the residential condominium conversion shall substantially comply with the City's building and housing codes and zoning regulations in effect on the date the application for conversion is accepted as complete. All modifications needed to meet current sound attenuation and energy conservation standards shall be completed.
(6) 
Fire Safety. Each living unit shall be provided with approved smoke detectors as required by the Building Code.
(7) 
Storage. The project shall provide at least 100 cubic feet of enclosed, weatherproof, and lockable private storage space for each unit, exclusive of standard cabinets and standard closets within the unit and the space normally required for parking a vehicle in a garage. This space shall be for the sole use of the unit owner. The minimum opening shall be two and one-half (2.5) feet by four feet and the minimum height shall be four feet.
(8) 
Laundry Facilities. A laundry area, including space and utility connections for a washer and dryer, shall be provided in each unit, or laundry facilities shall be provided in common laundry space. Common facilities shall consist of at least one washer and dryer for each 10 units or fraction thereof.
(9) 
Private Open Space. Each unit shall have a minimum of 100 square feet of qualifying private open space. To qualify, open space must be private and directly accessible from the unit it serves, and must have a minimum dimension in every direction of 10 feet for open space provided at ground level or six feet for open space provided on a balcony or elevated deck, and must be located outside the required front yard setback.
(b) 
The following conditions are applicable to all condominium conversions:
(1) 
Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protection appliances shall be retained in operable condition at all times and shall comply with the fire code requirements in place at the time the building was constructed. Any conversion involving an addition or major renovations of the structure shall substantially comply with the fire codes in effect on the date the application for conversion is accepted as complete;
(2) 
Utility Metering. The consumption of gas, electricity, and water within each unit shall be separately metered, and there shall be separate circuit breakers and shutoff valves for each unit;
(3) 
Parking. The number of parking spaces, including the provision of covered spaces and spaces for the disabled, shall meet current standards for the number of parking spaces, as provided in Chapter 4 of Title 9 of this Code. Spaces for the exclusive use of each unit shall be so marked. Visitor parking and special loading zones, if any, shall also be marked;
(4) 
Refurbishing and Restoration. All structures, common areas, sidewalks, driveways, landscaped areas, and facilities, if defective or in poor condition, shall be refurbished and restored to a safe and usable condition, and as otherwise required by the Planning Commission pursuant to the findings in the Property Condition Report;
(5) 
Lighting. Energy-efficient lighting providing adequate light levels as acceptable to the Police Department shall be installed in all parking areas and adjacent to exterior walkways. All lighting fixtures shall be selected, installed, and oriented to prevent glare.
(Ord. 523 § 2, 2007)
Upon request by an applicant, the Planning Commission may approve exceptions to the property improvement standards included in Section 9-12.109(a)(5) through (9) and Section 9-12.109(b) of this Code. The nature of the exception requested shall be described in public notices for Commission hearings on the condominium conversion. The Commission may approve exceptions to property development standards only after a public hearing and if the Commission can make the findings required by Section 11-9.02 of this Code.
(Ord. 523 § 2, 2007)
A conditional use permit for a condominium conversion may be approved only if the Planning Commission finds that the condominium conversion conforms to all provisions of this chapter, including all conditions of approval required by Sections 9-12.108 and 9-12.109.
The following additional findings shall be made for residential condominium conversions:
(a) 
Prior to approval of the final map, the applicant has provided, or has made adequate provisions to provide, all notices required by this chapter and by the Subdivision Map Act.
(b) 
The proposed conversion will not displace a significant number of lower-income or moderate-income households or senior citizens, unless the same number of rental units, of the same size and number of bedrooms, at the same rents, and in the same physical condition are offered for rent in the City.
(c) 
The total number of residential rental units to be converted to condominiums in any calendar year does not exceed 25% of the number of newly constructed rental multiple dwelling units that were approved for occupancy in the City in the previous calendar year. For purposes of this finding, "rental multiple dwelling units" include only those dwelling units located in a multifamily structure which cannot be sold individually. This finding need not be made for residential condominium conversions of four units or less.
(Ord. 523 § 2, 2007)