Pursuant to procedures to be determined by the director, an applicant, at his or her expense, may request an initial feasibility study of a proposed condominium conversion. The study shall include a site inspection by the city building inspector and may include such other items as are agreed upon by the applicant and the director. The director shall provide the applicant with an estimate of costs for conducting the initial study.
The applicant may choose to provide all moneys connected with the initial study or cancel the request.
The director is authorized to promulgate regulations by which the community development department will conduct such studies and report the results thereof to an applicant. Such regulations shall require the applicant to pay all costs attributable to the study.
Such procedures shall also provide for notice of the proposed conversion to all tenants in the building proposed for conversion and invite their initial comments and recommendations concerning the proposed conversion by use of a questionnaire to be returned to the community development department. Such questionnaire shall be supplied by and returned to the community development department with postage paid by the applicant.
Such procedures and the associated fees shall be approved by the city council by resolution.
(County code § 8-6.601)
A. 
Prior to any hearing on an application for a condominium conversion, the applicant shall arrange for an inspection of the building proposed for conversion by the city building official, environmental health office and the city fire chief. Such officials shall identify the changes, repairs or additions necessary so that the building will meet all applicable requirements of the building, housing and fire codes and the development standards of this chapter. The completion of all such repairs and/or changes shall be a condition of the tentative map permitting the condominium conversion. The applicant shall pay all building inspection fees to the building, health and fire officials for the inspections required by this section.
B. 
If the proposed project does not comply with the provisions of this chapter relating to utilities, sound attenuation, fire safety and building code compliance, or if the director has identified items to be corrected as provided in this section, no certificate of compliance shall be issued until all the conditions of approval have been completed,
(County code § 8-6.602)
A. 
Five or More Units. A tentative and final subdivision map shall be required for the creation of five or more units by condominium conversion, as required by Section 66426 of the Government Code of the state.
B. 
Four or Fewer Units. A tentative and final parcel map shall be required for the creation of four or fewer units by condominium conversion pursuant to Section 66428 of the Government Code of the state.
C. 
Site Plan Approval Required. No building permit shall be issued for any construction on any unit in a condominium conversion, or on any portion of the common area in such condominium, until the director has issued a site plan approval pursuant to Sections 16.64.360 and 16.64.370 of this chapter.
(County code § 8-6.603)
Recognizing that the conversion of existing structures which have been previously occupied and constructed as residential rental units presents unique problems to present tenants and future buyers, any application for a tentative map for a condominium conversion project shall include the following information where applicable:
A. 
A detailed site plan, drawn to scale, showing the location of all existing easements, dwelling units, parking spaces, structures, trees and other existing improvements on the property and proposed for the conversion as proposed;
B. 
The proposed organizational documents for the condominium, including the covenants, conditions and restrictions to be recorded pursuant to Sections 1350 et seq., of the Civil Code of the state and other applicable statutes. The organizational documents shall provide for the following:
1. 
The transfer of title to each unit,
2. 
The assignment of parking for each owner,
3. 
A management organization for the operation and maintenance of all common areas within the project,
4. 
A proposed annual operating budget, including a report disclosing the amount of deposit to be provided by the developer and the manner in which it was calculated, to defray the expenses of the association in replacing and maintaining major mechanical and electrical equipment, and
5. 
The Federal Housing Administration (FHA) regulatory agreement, if any;
C. 
A property report describing the condition and estimating the remaining useful life of each of the following elements of each structure situated within the project proposed for conversion: roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, plumbing systems, sewage systems, sprinkler systems for landscaping, utility delivery systems, central or community heating and air-conditioning systems, alarm systems, standpipe systems and structural elements. Such report shall be prepared and executed by an appropriately licensed engineer;
D. 
A structural pest control report prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code of the state;
E. 
A building history report including the following:
1. 
The date of the original construction of all elements of the project,
2. 
A statement of the major uses of the project since construction,
3. 
The date and description of each major repair of any element since the date of construction. "Major repairs" means any repair requiring an expenditure of one thousand dollars or more, and
4. 
The date and description of each major renovation of any element since the date of construction. "Major renovation" means any renovation requiring an expenditure of one thousand dollars or more;
F. 
A preliminary title report reflecting the current ownership of all improvements and underlying land;
G. 
A true copy of each of the following documents submitted to the Department of Real Estate of the state:
1. 
The application for the issuance of a final public report for the project proposed for conversion, including all attachments and exhibits thereto, required pursuant to Sections 11000 et seq., of the Business and Professions Code of the state,
2. 
The statement of compliance (Form 643 as amended) submitted pursuant to 10 California Administrative Code, Section 2792.9, or its successor, relating to operating and maintenance funds during startup, and
3. 
The supplemental questionnaire for apartments converted to condominium projects supplied by the Department of Real Estate of the state, including all attachments and exhibits;
H. 
Unless already provided through a preliminary building inspection report, a report identifying all characteristics of the building not in compliance with this code, applicable building and housing codes, or Title 19 of the California Administrative Code;
I. 
A rental history report detailing the size, in square-footage, of the building or buildings, and for each dwelling unit within such buildings, the monthly rental rate for the preceding two years, the monthly vacancy over the preceding two years and copies of any governmental rental agreements or contracts;
J. 
A detailed report describing the relocation and moving assistance and information to be given to each tenant and the steps the developer will take to ensure the successful relocation of all affected tenants. In the event the conversion will terminate the tenancy of any protected tenant and/or other tenants who may encounter difficulty finding new living quarters, the report shall identify such tenants and discuss in detail the difficulties they will encounter and the applicant's proposals to assist them. The report also shall discuss the applicant's proposals for allowing hard-to-relocate tenants to stay on as tenants or providing such tenants additional time before the termination of tenancy, due to the conversion, for permanent relocation;
K. 
The name and address of each present tenant residing in the building proposed for conversion, the original and current rental rates and the length of residency of each;
L. 
A statement as to whether the developer will provide any capital contribution to the association for deferred maintenance of the common areas, the sum of the contribution, the date on which the association will receive the sum and the guarantees the applicant proposes to provide the association to assure the timely payment of such contribution;
M. 
An application for the approval of a tentative parcel map or tentative subdivision map as required by the Subdivision Map Act of the state and the land division regulations of this code, including copies and proof of delivery of the written notice of intention to convert having been delivered to each tenant at least sixty days prior to the date of filing such tentative map, as required by subsection (a) of Section 66427.1 and Sections 66452.8 and 66452.9 of the Government Code of the state;
N. 
Copies of all the documents delivered to all tenants in order to comply with subsections (b), (c) and (d) of Section 66427.1 of the Government Code of the state and Section 16.64.180 of this chapter, and
O. 
In addition to the information set forth in this section, the director and/or the planning commission may require additional information necessary to evaluate the conversion project in order to address the findings required to approve the application in accordance with the purposes and objectives set forth in this section and in the adopted general plan in effect at the time of such application. The requirements of the director may be appealed to the planning commission. Such information required may include, but shall not be limited to:
1. 
An economic report comparing the cost of housing in the units in the conversion project, as both rentals and ownership units, with housing available within the affected community area. As ownership units, the report shall include the projected unit costs and monthly association costs with comparable units within the affected community area,
2. 
An economic report on the proposed project unit costs, monthly association costs and comparative rates within the community area,
3. 
An economic report on the availability of comparable housing (rentals) offered at similar rental rates remaining within the affected community area, including vacancy rate information,
4. 
A report on the feasibility of providing all or a portion of the conversion units for sale to low and moderate income individuals or families,
5. 
A report on the feasibility of retaining a portion of the total units for rental occupancy,
6. 
A report on the existing tenant composition, showing the age and income of the tenants and indicating if any tenants are disabled, handicapped, elderly, have minor children or are low or moderate income families, and
7. 
Any additional information necessary to determine the housing needs, housing availability, costs and housing impacts of the proposed conversion and the affected community area.
(County code § 8-6.604)
Notice of the planning commission hearing on the application shall be given to all tenants no less than ten days in advance thereof by certified mail, return receipt requested and notice thereof shall be given to all others as required by the Subdivision Map Act of the state and this code.
(County code § 8-6.701)
The planning commission shall deny a tentative parcel map or tentative subdivision map for a condominium conversion if the planning commission finds any of the following:
A. 
That the project does not conform to the general plan and/or zoning provisions for the zoning district in which the property is located; provided, however, if the property is a legal conforming use, it shall not be held to be in violation of the zoning district for this purpose;
B. 
That any of the findings specified by the Subdivision Map Act of the state authorizing the denial of a tentative subdivision map (Section 66474 of the Government Code of the state) are made with reference to the condominium conversion;
C. 
That the proposed conversion does not comply with the development standards applicable thereto, as approved, as specified in Article II of this chapter,
D. 
That the proposed relocation plan does not comply with the requirements of Article III of this chapter,
E. 
If additional incentives for protected tenants are required by Article III of this chapter, that the application does not include such additional incentives;
F. 
That the impact of removing the units in the proposed conversion from the rental housing stock will result in a shortage of comparable rental housing stock in the affected community area, considering all the factors by which comparable housing is defined in Section 16.64.050 of this chapter,
G. 
If the planning commission makes the finding set forth in subsection F of this section, the planning commission shall then determine whether the additional incentive program for protected tenants proposed by the applicant overweighs the adverse impact on other affected tenants demonstrated in the application. In making such decision, the planning commission shall balance the benefits to existing protected tenants which will be achieved by the proposed conversion against the detriment to others by the removal of the converted units from the rental housing stock in the affected community area. In conducting such balancing, the planning commission shall consider the general plan housing element and shall not approve the proposed conversion unless the planning commission finds that the conversion will more completely accomplish the housing element policies than would occur if the conversion were not approved; and
H. 
That adequate comparable housing does not exist in the affected community area in sufficient number to allow the relocation of all tenants who would be evicted as a result of the conversion.
(County code § 8-6.702)
In approving an application for a condominium conversion, the planning commission shall impose such conditions as are necessary to assure the following:
A. 
That the converted structure will comply with all the development standards required by Article II of this chapter;
B. 
That all impacts on affected tenants will adequately be mitigated by the performance of relocation assistance and additional incentives for protected tenants as required by Article III of this chapter;
C. 
That all required notices will be given to all tenants and others;
D. 
That before the approval of a final subdivision map, the applicant shall propose methods to ensure compliance with all the conditions of approval which may include, but shall not be limited to, a contract between the applicant and the city providing for the actions required to comply with this chapter and/or certificates on the final map which set forth the required actions to comply with this chapter;
E. 
That no building permit shall be issued for any unit or for any work on the common areas in the proposed conversion until the director has approved a site plan authorizing the issuance of such permit; and
F. 
That no unit in the proposed conversion shall be sold prior to the issuance by the director of a certificate of compliance with this chapter.
(County code § 8-6.703)
The planning commission may continue the hearing on an application for a tentative map for a conversion. In the event of such continuance, notice shall be given to all tenants at least ten days prior to the date for the continued hearing. Such notice shall be given in the form required for the original notice to tenants of the hearing on the tentative map.
(County code § 8-6.704)
The city council shall approve the final map for any conversion if the council finds that the proposed map conforms to the requirements of the approved tentative map and that all the conditions on the tentative map have been or will be satisfied.
Pursuant to Section 66443 of the Government Code of the state, the city council may direct that the final map contain a certificate and/or acknowledgment to the effect that no building permits may be issued until site plan approval has been obtained pursuant to Sections 16.64.360 and 16.64.370 of this chapter and that no unit shown thereon may be sold, leased or financed until a certificate of compliance with this chapter has been issued pursuant to said Sections 16.64.360 and 16.64.370.
In addition to, or in lieu of, such certificates and acknowledgments, the city council may approve an agreement between the applicant and the city providing for compliance by the applicant with all the conditions imposed on the tentative map.
(County code § 8-6.801)
Before any building permit shall be issued for any unit or the common areas in the approved conversion, the applicant shall apply for site plan approval pursuant to this section.
The application for site plan approval shall include a plot plan showing the parcel proposed for conversion, all parking and landscaping proposed and each unit within the proposed conversion. Each unit shall be identified as to whether it is to be reserved for sale to any particular individual or group as a condition of the approval of the tentative subdivision map.
With the site plan, the applicant shall submit additional information to show how all the conditions of the tentative map will be satisfied prior to the sale of any unit as to which such condition is operative. Such report shall describe the timing of the proposed improvements and the impacts the work will have on tenants who will be occupying the units during construction.
No site plan shall be approved for any unit or for the common area if the proposed activity does not comply with the conditions of the tentative subdivision map.
A condition of approval of any site plan pursuant to this section shall be that, before such unit is sold, a certificate of compliance with this chapter shall be issued.
(County code § 8-6.901)
No unit shall be sold in a conversion until the director issues a certificate of compliance indicating that the sale of such unit would be consistent with the requirements of this chapter and the conditions imposed on the tentative subdivision map approved pursuant to this chapter.
Such certificate of compliance may be issued upon the completion of the work if the approved subdivision map allows the sale of the unit to any member of the public.
If the approved subdivision map requires the sale of the particular unit to a member of a particular class or category of buyers, the certificate of compliance shall not be issued until the director is satisfied that the proposed sale is in conformity with the conditions of the approved map.
(County code § 8-6.902)
Filing. The action of the planning commission on any decision made pursuant to this chapter shall be final unless, within fifteen days after such action, any person with standing to appeal, including the city council or any individual city council member, shall appeal therefrom by filing a written appeal with the city clerk. Any appeal, except an appeal filed by the city council or a city council member, shall be accompanied by an appeal fee as established by resolution of the city council. Such appeal shall specifically delineate the decision which is appealed and specifically recite the grounds for the appeal.
(County code § 8-6.1001; Ord. 95-1 § 1; Ord. 95-7 § 2)
All decisions of the director may be appealed to the planning commission in the same manner and upon the payment of the same fees as are provided for appeals of zoning administrator decisions by Section 17.14.060 of this code.
(County code § 8-6.1002; Ord. 95-1 § 1)
The city council, by resolution, shall establish fees reasonably calculated to allow the city to recover the costs of the enforcement of this chapter.
(County code § 8-6.1101)