The chapter provides development standards related to the conversions
of apartments to community apartments, stock cooperatives and condominiums
to ensure that apartments and like structures being converted will
be in the best interest of the community.
(Ord. No. 1000 § 4, 2022)
A. The regulations and development standards in this chapter apply when a tentative map for the purpose of conversion is submitted to the planning department with the addition of the information required by the Subdivision Map Act and title
16.
B. Approval
of a minor design review entitlement is required as part of any condominium
conversion.
C. If
a property is subject to the requirements of an active development
agreement (DA), and the requirements of the DA exceed the requirements
within this section, the DA provisions apply.
(Ord. No. 1000 § 4, 2022)
In the event that any of the property development standards
required for the conversion cause practical difficulties and are determined
to be unnecessary or would result in excessive costs, the planning
commission may waive, reduce, or modify the requirement.
(Ord. No. 1000 § 4, 2022)
Annual limit. The city shall approve the conversion of no more
than one-half the number of multi-family rental dwellings added to
the city's housing stock (e.g., dwelling units completed and ready
for occupancy) during the preceding year, in any one calendar year.
The number of multi-family rental units added in one year shall be
determined as follows:
1. From
January 1 through December 31, the total number of multi-family rental
units given a final building inspection and occupancy permit minus
the number of such units demolished, removed from the city, or converted
to nonresidential use.
2. If
approval for a project expires prior to recordation of the final tract
map for that project, the number of dwelling units provided in the
expired project shall be added to the allocation in the calendar year
of expiration.
(Ord. No. 1000 § 4, 2022)
The city shall make the following findings in addition to the
findings otherwise required for a tentative tract map in order to
approve a tentative tract map for the purpose of conversion:
1. The
proposal is compatible with the objective, policies, elements, and
program specified in the general plan and any applicable specified
plan.
2. The
design or improvement of the project is consistent with the general
plan and applicable specified plans.
3. The
proposal is consistent with the purposes of this chapter.
4. The
proposal promotes the health, safety, and welfare of the residents
of the city.
(Ord. No. 1000 § 4, 2022)
A. General
requirements. The following requirements shall be included as conditions
of approval of the tentative map:
1. Each
dwelling unit shall conform to current noise and energy insulation
standards required by the latest adopted
California Building Code
or other applicable law or regulation.
2. Each
unit shall have installed smoke alarms or detectors and carbon monoxide
detectors as required by the latest adopted edition of the California
Building Code.
3. Each
dwelling unit shall be separately metered for gas and electricity
unless the city approves a plan for equitable sharing of communal
metering.
4. Each
unit shall be provided with separate water shut-off valves and an
electrical main shut-off switch.
5. Each
area for trash placement and pickup shall be adequately designated
and all refuse shall be removed on a regularly scheduled basis from
the premises.
6. Permanent
mechanical equipment that the building official determines is a potential
source of vibration or noise shall be shock-mounted or isolated or
otherwise mounted in a manner approved by the building official to
lessen the transmission of vibration and noise.
7. Illuminated
addresses and, if found necessary by the planning commission, directory
maps for all units shall be prominently displayed from appropriate
public or private access within or adjacent to the project.
8. At
least 125 cubic feet of enclosed, weatherproof, lockable storage space
is to be provided for each unit. This storage space shall be in addition
to that ordinarily contained within each unit. It may be either within
or exterior to, but shall bear a reasonable locational relationship
to each unit.
9. A
laundry area shall be provided in each unit, or if common laundry
areas are provided, such facilities shall consist of not less than
one automatic washer and dryer for each five units or fraction thereof.
10. The applicant shall provide written certification to the buyer of
each unit on the initial sale after conversion that any dishwashers,
garbage disposals, stoves, refrigerators, hot water tanks, and air
conditioners that are provided are in working condition as of the
close of escrow. At such time as the homeowners association takes
over management of the development, the applicant shall provide written
certification to the association that any pool and pool equipment
and any appliances and mechanical equipment to be owned in common
by the association are in working condition.
B. Notice
of intent to convert. Evidence that a notice of intent to convert
shall be delivered to each existing tenant's dwelling unit with content
and form approved by the planning director and shall include a summary
of tenant rights, as follows:
1. Tenant's
right to purchase.
2. Tenant's
right of notification to vacate.
3. Tenant's
right of termination of lease.
4. Provision
for special cases.
5. Provision
of moving expenses.
6. Tenant's
right to purchase. As provided in
Government Code § 66427.1(b),
any present tenant or tenants of any unit shall be given a nontransferable
right of first refusal to purchase the unit occupied at a price no
greater than the price offered to the general public. The right of
first refusal shall extend for at least 60 days from the date of issuance
of the subdivision public report or commencement of sales, whichever
date is later.
7. Vacation
of units. Each non-purchasing tenant not in default under the obligations
of the rental agreement or lease under which he or she occupies his
or her unit shall have not less than 120 days from the date of receipt
of notification from the owner of his or her intent to convert or
from the filing date of the final subdivision map, whichever date
is later, to find substitute housing and to relocate.
(Ord. No. 1000 § 4, 2022)