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)