In order to provide for the housing needs of all economic segments of the community, the City Council declares that the purpose of this chapter is as follows:
A. 
To regulate conversion of apartments and other forms of multifamily rental housing units to condominiums, community apartments and stock cooperatives;
B. 
To ensure that apartment conversions do not conflict with the goals or policies of the General Plan of the City;
C. 
Provide tenant and buyer protection relating to displacement and relocation of renters, ensuring purchasers are informed regarding the structural integrity of buildings and the on-site utility system, and ensuring said buildings and utility system reasonably comply with all current Codes which may directly impact the health and safety of future residents including Codes related to noise and insulation standards.
(Ord. 189-80 § 1, 1980)
For the purposes of this chapter, the words or phrases set out in this section shall have the following meanings.
"Association"
means the organization or person who owns a lot, parcel, area, condominium or right of exclusive occupancy in a community apartment project;
"Building Official"
means the Director of Building and Code Enforcement or his or her designee;
"Common area"
means an entire project excepting all residential dwelling units therein;
"Community apartment"
means an estate in real property consisting of an undivided interest in common in a parcel of real property and the improvements therein coupled with the right of exclusive occupancy for residential purposes of an apartment located thereon;
"Community apartment project"
means the conversion of an existing structure to a community apartment project containing two or more apartments to which there is the right of exclusive occupancy for residential purposes, including but not necessarily limited to condominiums, stock cooperatives, and community apartments;
"Community housing and community housing project"
means a condominium project, as defined in Section 783 of the Civil Code; a community apartment project, as defined in Section 11004 of the Business and Professions Code, containing two or more rights of exclusive occupancy; a stock cooperative as defined in Section 11003.2 of the Business and Professions Code, containing two or more separately owned lots, parcels, or areas;
"Condominium"
means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either an estate of inheritance or perpetual estate, an estate for life, or an estate for years, such as a leasehold or subleasehold;
"Conversion"
means a change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined for a condominium project or a community apartment project regardless of the present or prior use of such land and structures and whether substantial improvements have been or are to be made to such structures;
"Developer"
means the owner or subdivider with a controlling proprietary interest in the community housing project, or the person or organization making application hereunder;
"Director"
means the Community Development Director of the City or his or her designee;
"Housing market area"
means that area bounded within the City limits of the cities of Union City, Newark, Fremont and Hayward;
"Multiple-family residential project"
means a rental housing development consisting of two or more dwelling units;
"Organizational documents"
means the declaration of restrictions, articles of incorporation, bylaws and any contracts for the maintenance, management or operation of all or any part of the community housing project;
"Project"
means a residential condominium project or community apartment project;
"Project improvements"
means improvements consisting of all public roadway improvements, undergrounding utility improvements, and improvements to on-site utility networks as required by the unimproved street ordinance of the City or its successor;
"Recreational open space"
means open space on the project, exclusive of the required setback areas, which shall be used exclusively for leisure and recreational purposes, for the use and enjoyment of occupants and their visitors of units on the project and to which such occupants and their visitors have the right of use and enjoyment. Accessory structures such as swimming pools, recreational buildings, and landscaped areas may be included as open space;
"Residential condominium project"
means the conversion of an existing structure to a condominium containing two or more condominiums for residential purposes;
"Subdivision Map Act."
The "Subdivision Map Act" shall refer to the subdivision law of the State of California commencing with Section 65000 of the California Government Code, or its successor;
"Subdivision ordinance"
means an ordinance of the City consisting of Title 17 of this Code or its successor;
"Unit"
means the element of a residential condominium project which is not owned in common with the owners of other condominiums in the project or is a community apartment project to which an owner of an undivided interest in common in the community apartment project has the right of exclusive occupancy.
(Ord. 189-80 § 2, 1980; amended during 1990 republication)
A. 
In no case shall multifamily rental building or buildings be converted to a community housing project unless and until it can be reasonably demonstrated that comparable replacement housing exists within the Union City area to accommodate those residents displaced as a direct result of the proposed conversion.
B. 
The developer shall provide a relocation/displacement plan which illustrates that sufficient replacement housing is available in the Union City housing market area, within a price range which is equal to or less than twenty-five percent of the household income of the tenants to be displaced as a result of the conversion, or not to exceed the rent being paid for the existing rental unit to be converted, whichever is higher. Replacement housing must be shown to meet any special needs of displaced tenants, which are presently available in the project proposed to be converted, such as facilities for the handicapped, elderly, families with children, and availability of public transportation for the elderly or residents who do not own an automobile. The plan shall also demonstrate that all other provisions relating to tenant protection addressed in this chapter have been complied with.
C. 
A developer may meet the above requirements of subsections A and B of this section through the provisions of mitigating factors to diminish the number and/or aid relocation of displaced tenants within the project. Said mitigating measures may include, but are not limited to, discounting the project units to tenant buyers, offering a moving allowance, extending leases, or providing below market rate units.
D. 
In no case shall a rental unit be converted to single-family ownership housing if said conversion would result in a reduction of the ratio of multifamily rental units to all residential units within the City below a ratio of 1:12.
(Ord. 189-80 § 3.1(A), 1980)
No conversion of multiple-family rental units to ownership units shall be permitted unless and until the City Council finds that the proposed conversion will not conflict with the housing goals and policies of the General Plan and will not adversely impact the local school system.
(Ord. 189-80 § 3.1(B), 1980)
A. 
The developer shall provide each tenant an irrevocable, nontransferable, preemptive right to purchase a unit or right of exclusive occupancy at a price no greater than the price offered to the general public for such unit. Such right shall be irrevocable for a period of ninety days after the commencement of sales or the issuance of the final public report by the California Department of Real Estate. Tenant shall have the right to the unit presently occupied and then to any other unit in the project but only after such a unit has been declined for purchase and actually vacated by the occupying tenants. In no case shall an existing tenant have a preemptive right to more than one unit.
B. 
The developer shall offer a ninety-day extension of tenancy after the expiration of a lease or rental agreement which would expire prior to or at the time of commencement of sales or issuance of the final public report by the California Department of Real Estate.
C. 
The developer shall permit a tenant to terminate any lease or rental agreement without any penalty whatsoever after notice has been given of the intention to convert to community housing if such tenant notifies the developer in writing thirty days in advance of such termination.
(Ord. 189-80 § 3.2, 1980)
The developer shall furnish each prospective purchaser of a unit, a true copy of the conditional use permit issued under this part and a copy of each of the following informational documents, said permit and documents shall be translated and printed in Spanish at the sole expense of the developer if requested by the purchaser:
A. 
Property report;
B. 
Structural pest control report;
C. 
Structural report and building department report;
D. 
Building history report;
E. 
Statement of compliance (form 643) pursuant to Title 10, California Administrative Code, Section 2692.9, or its successor, relating to operating and maintenance funds during start-up;
F. 
Soils report as determined in each case by the Community Development Director;
G. 
Certificate of compliance.
(Ord. 189-80 § 3.3, 1980; amended during 1990 republication)
All private streets, driveways and parking areas for said condominiums and community apartment projects shall be improved and constructed with a structural section and site dimensions in accordance with the standards of the City and shall be designed to ensure that access for municipal services shall not be denied any dwelling unit therein by reason of deteriorated or impassable private streets, driveways, or parking areas, as determined by the Public Works Director or his or her designee.
(Ord. 189-80 § 3.4(A), 1980)
All structures being converted from individual, corporate or partnership ownership of multiple-family rental projects to a community housing form of ownership, shall, within the exterior boundary lines of such property, have all electrical, communication and similar distribution service wires and/or cables placed underground.
(Ord. 189-80 § 3.4(B), 1980)
The design, improvement and/or construction of a community housing project shall conform to and be in full accordance with all requirements of all Building, Fire and Housing Codes, zoning provisions and other applicable local, State or Federal laws or ordinances relating to protection of public health and safety in effect at the time of the filing of the tentative map. Also, any violations of the latest adopted edition of the Uniform Housing Code as prepared by the International Conference of Building Officials, or its successor, relating specifically to provisions protecting health and safety of residents, shall be corrected and any equipment or facilities which the Building Official determines are deteriorated or hazardous, shall be repaired or replaced. In particular, the developer shall repair or replace any damaged or infested areas in need of repair or replacement as shown in the structural pest report. The interpretation of what constitutes a hazard to public health and safety shall be made by the Fire Marshal/Chief Building Official or his or her designee.
(Ord. 189-80 § 3.4(C), 1980; amended during 1990 republication)
The consumption of gas and electricity within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility. The requirements of this subsection may be waived where the Planning Commission and/or City Council specifically finds that such would not be practical. In all cases, a water shut-off valve shall be provided for each unit.
(Ord. 189-80 § 3.4(D), 1980)
All permanent mechanical equipment, including domestic appliances, which is determined by the Building Official to be a source or a potential source of vibration or noise, shall be shock mounted, isolated from the floor and ceiling, or otherwise installed in a manner approved by the Building Official to lessen the transmission of vibration and noise.
(Ord. 189-80 § 3.4(E), 1980)
The applicant/owner shall demonstrate that wall and floor ceiling assemblies conform to the sound insulation performance criteria promulgated in Title 25, California Administrative Code, Section 1092, or its successor, and that any floor covering which is replaced similarly provides the same or greater insulation qualities.
(Ord. 189-80 § 3.4(G), 1980)
Private, enclosed, weatherproofed and lockable outdoor storage space shall be provided for each dwelling unit according to the following schedule:
Number of Bedrooms
Minimum Space in Cubic Feet
Studio or 1
100
2
200
3
250
4
300
The above space shall be provided in the garage or parking area or contiguous to each unit. This requirement waived by the Planning Commission and/or City Council if it is determined that sufficient storage space exists within each unit to reasonably fulfill this standard.
(Ord. 189-80 § 3.4(H), 1980)
The Planning Commission and City Council shall review the adequacy of open space in terms of area and privacy standards. Private outdoor space shall be provided for each unit, according to the following schedule:
First floor unit: 120 square feet, fenced patio; Units above first floor: 60 square feet of fenced balcony.
Adjoining units shall be designed and/or landscaped in such a manner as to preclude visual intrusion into private outdoor yards or interior space, where practical. Twenty-five percent of the site areas shall be devoted to common open space. In addition to said common area open space, in projects of fifty units or more, there shall be provided on the premises a common indoor recreation facility, clubhouse, and/or meeting room. The minimum size of said common facility shall be calculated on the basis of three and one-half square feet of area per unit in the project.
(Ord. 189-80 § 3.4(I), 1980)
Appropriate site design and construction techniques shall be utilized to ensure isolation from excessive noise sources outside of the project boundary and ensure acoustical privacy between adjoining units. If the Community Development Director determines that an excessive external noise source exists, the developer shall retain an acoustical engineer to evaluate the noise impact on the proposed residential development and develop mitigation measures. The construction shall comply with the applicable City ordinances and State Codes relating to sound transmission control to ensure acoustical privacy between adjoining dwelling units.
(Ord. 189-80 § 3.4(J), 1980; amended during 1990 republication)
The developer shall be responsible for improving and maintaining the structures and landscaping in accordance with the approved architectural and landscaping plans and good maintenance practices prior to turning them over to the homeowners association. A performance bond shall be collected to ensure compliance with this requirement.
(Ord. 189-80 § 3.4(K), 1980)
Prior to the granting of a final map in any conversion project, the developer shall establish a maintenance reserve fund equal to the depreciated value of those portions of the project which are to be the maintenance responsibility of the association. The amount of said fund shall be equal to the age of each element divided by the overall useful life of the element multiplied by the replacement cost of the element. Remaining useful life of the elements and replacement cost shall be determined by an appropriate licensed contractor, engineer or architect hired by the City, at the developer's sole expense. Prior to the granting of a final map in any conversion project, the developer shall grant and convey to the association said maintenance reserve fund.
(Ord. 189-80 § 3.4(L), 1980)
The project shall provide a minimum parking accommodation according to the following standard:
For each studio or one bedroom unit: 1.5 spaces, of which 1 shall be covered;
For each two bedroom unit: 2.0 spaces of which 1.5 shall be covered;
For each three bedroom or four bedroom unit: 2.5 spaces of which 2.0 shall be covered.
Also, the developer shall demonstrate that additional off-street parking spaces exist to reasonably accommodate guest and visitor parking.
(Ord. 189-80 § 4.1, 1980)
The parking of recreational vehicles such as boats, trailers, etc., shall be prohibited throughout the entire development unless said parking is within an enclosed area. Such an enclosed area for the parking of recreational vehicles and any vehicles over twenty feet in length shall be provided by the developer. Said area shall not be counted towards the common area open space requirement of Section 17.84.160. Vehicular curb parking along any private street shall be prohibited except in designated areas. Appropriate "No Parking" signs shall be installed by the applicant.
(Ord. 189-80 § 4.2, 1980)
No condominium conversion project shall be permitted within any zoning district of the City unless and until a use permit and a tentative map or parcel map has been applied for and issued pursuant to and in accordance with the provisions of the ordinance codified in this chapter, the City Zoning Ordinances, the City Subdivision Ordinance, and all relevant portions of the laws, statutes, and administrative regulations of the State of California.
(Ord. 189-80 § 5.1, 1980)
After reviewing the property and structural pest reports required to be submitted pursuant to subsections G, H and I of Section 17.84.280, and inspecting the structures situated within the project when he/she deems such inspection necessary, the Building Official shall identify all items if evidenced by such reports and/or inspection to be hazardous to the life, health or safety of the occupants of such structure within the project, or the general public. Each permit issued hereunder shall require all of such items to be corrected to the satisfaction of the Building Official.
The Building Official shall review the property report and may require its revision and resubmission if he/she determines that substantial evidence shows that any statement therein is without foundation or fact. Said report may be revised to reflect improvement, repair or replacement.
(Ord. 189-80 § 5.2, 1980)
The organizational document shall be submitted to the City Attorney for a determination that such documents comply with the requirements of this chapter and the applicable State laws.
(Ord. 189-80 § 5.3, 1980)
If the proposed project does not comply with the provisions of the latest Uniform Building Code and Uniform Fire Code as adopted by the City, and/or the Building Official identifies items to be corrected as provided in Section 17.84.230, any use permit issued pursuant to this chapter shall require the developer to furnish a bond in a penal amount equal to the reasonable estimated cost to bring their project into compliance with said Codes, said fire regulations and/or such identified items to be corrected. Said bond shall run in favor of the individual purchasers and the homeowners association and shall provide for reasonable attorney's fees in the event of default by the principal. The City shall hold said bond pending issuance of the certificate of completion.
(Ord. 189-80 § 5.4, 1980)
The tentative map and use permit and portions of the application will be heard in a public hearing before the Planning Commission. The Planning Commission will recommend either approval or denial to the City Council. If the City Council approves the proposed conversion, the applicant will be required to submit detailed site improvement plans to the Planning Commission for any exterior alterations or improvements to the building and/or landscaping. The Planning Commission will make a final recommendation to the City Council regarding said improvements. The City Council's final action on the architectural plan and final map will denote approval of the project.
(Ord. 189-80 § 5.5, 1980)
The Building Official shall cause a final inspection of all buildings and structures to be made, upon request by the developer, to determine that the requirements of this chapter have been fulfilled. The Building Official shall then mark the inspection report to show the corrections, repairs and replacements which have been made. If complete, the Building Official will cause to be issued, a letter certifying compliance with the provisions of this chapter and with all of the conditions and approvals and authorize the sale and/or occupancy of said units. No building or unit applied for under this chapter shall be sold without said letter certifying compliance and approving occupancy.
(Ord. 189-80 § 5.6, 1980; amended during 1990 republication)
In addition to the requirements of Titles 17 and 18 of this Code and the Subdivision Map Act, an application for the conversion of rental housing into community housing shall require the submittal of the following data, which data must be submitted to the Community Development Department at the same time the tentative map is submitted, unless otherwise stated:
A. 
A complete legal description of the property;
B. 
Certification that all tenants in any building or structure proposed to be converted have been notified individually and in writing prior to the time of filing an application hereunder;
C. 
A boundary map showing the existing topography of the site and the location of all existing easements, structures, and other improvements and existing landscape plan;
D. 
The proposed organizational documents. In addition to such covenants, conditions and restrictions that may be required by the Department of Real Estate of the State of California pursuant to Title 6 (condominiums) of the Civil Code or other State laws or policies, the organizational documents shall provide for the following:
1. 
Conveyance of units,
2. 
Assignment of parking and management of common areas within the project,
3. 
A proposed annual operating budget containing a sinking fund to accumulate reserve funds to pay for major anticipated maintenance, repair or replacement expenses,
4. 
FHA regulatory agreement, if any,
5. 
The most recent balance sheet of the association;
E. 
A provision that the annual assessments to members of the association shall provide for penalties for late payments and reasonable attorney's fees and costs in the event of default of said members;
F. 
Allow the association to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties after the association assumes control of the project or any time thereafter;
G. 
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 (including sewage systems), sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, fire protection systems including any automatic sprinkler systems, alarm systems, standpipe systems, and structural elements. Such report shall be prepared by a registered civil engineer, structural engineer, or licensed architect;
H. 
A structural pest report prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code relating to written reports on the absence or presence of wood destroying pests or organisms;
I. 
A structural report describing the physical elements of the project shall be submitted to the Community Development Department with the final map. Said report shall also identify any structural elements which are known to be structurally defective or unsafe so as to impose a hazard to the health and safety of the occupants or users of said improvements. The Community Development Department shall maintain a form containing a reasonable list of physical elements to be described in said report, which form shall be made available to the applicant. The applicant shall arrange for project inspections by the Building Department to verify the accuracy of the deficiencies noted in the structural report. The Building Official shall prepare a report detailing Building Code deficiencies or other health and safety deficiencies which must be corrected prior to sale of units or occupancy as required in Section 17.84.240;
J. 
A building history report including the following:
1. 
The date of construction of all elements of the project,
2. 
A statement of the major uses of said project since construction,
3. 
The date and description of each major repair of any element since the date of construction. For the purposes of this subsection, a "major repair" means any repair for which an expenditure of more than one thousand dollars was made,
4. 
The date and description of each major renovation of any element since the date of construction. For the purposes of this subsection, "major renovation" means any renovation for which an expenditure of more than one thousand dollars was made,
5. 
A statement regarding current ownership of all improvements and underlying land,
6. 
The name and address of each present tenant of the project,
7. 
Failure to provide information required by subdivisions 1 through 6 of this subsection shall be accompanied by an affidavit, given under penalty of perjury, setting forth in detail all efforts undertaken to discover such information and all reasons why said information cannot be obtained;
K. 
A rental history detailing the size in square footage, the current or last rental rate, the monthly rental rate for the preceding two years, and the monthly vacancy over the preceding two years of each rental unit proposed to be converted.
(Ord. 189-80 § 6.1, 1980; amended during 1990 republication)
The application for final subdivision map shall include a copy of the condominium plan prepared pursuant to Civil Code Section 1351. Said plan shall be submitted for the information of the local governing body and need not be part of the subdivision map.
(Ord. 189-80 § 6.2, 1980)
A written description regarding the proposed project organization including the use and control of the common elements and recreation facilities within the project shall be submitted to the Community Development Department with the tentative map. Said statement shall detail any proposed control of common facilities to be retained by the developer or to be owned or maintained by any other organization other than the homeowners association or unit owners.
(Ord. 189-80 § 6.3, 1980)
A true copy of each application submitted for issuance of a final public report to the Department of Real Estate of the State of California for the project proposed for conversion including all attachments and exhibits thereto required by the department pursuant to Section 11011 of the Business and Professions Code shall be required. A true copy of the statement of compliance (form 643 as amended) pursuant to Title 10, California Administrative Code, Section 2792.9, or its successor, relating to operating and maintenance funds during start-up shall be required. A statement whether the developer will provide any capital contribution to the association for deferred maintenance of the common areas, and if so, the sum and date on which the association will receive said sum shall be required.
(Ord. 189-80 § 6.4, 1980)
A true copy of the supplemental questionnaire for apartments converted to community housing projects submitted to the Department of Real Estate of the State of California for the project proposed shall be required; provided, however, that to the extent the information required to be furnished pursuant to Sections 17.84.310 and 17.84.320 is not available at the time of application, any conditional use permit issued under this part shall require the developer to furnish such information to the City within ten days of submission of same to the Department of Real Estate; provided further, that the developer shall file with the City a true copy of the final public report within ten days of issuance by the Department of Real Estate.
(Ord. 189-80 § 6.5, 1980)
A relocation displacement plan shall detail the number of residents which will be displaced as a result of the proposed conversion and document the reasonable availability of comparable replacement housing in the Union City area within a rental range equal to the range which the tenants have paid as detailed in a rental report (see subsection K of Section 17.84.280) or within a price range which is equal to or less than twenty-five percent of the income range of each household to be displaced as a result of the conversion, whichever is higher. Additionally, replacement housing must be shown to meet any special needs which are presently available in the project of displaced tenants such as facilities for the handicapped, elderly, households with children, and availability of public transportation for the elderly or resident buyers who are temporarily displaced pending completion of improvements to the units being purchased.
(Ord. 189-80 § 6.6, 1980)
A true copy of the soils report originally prepared for the subject property shall be required. In cases where a soils report has never been prepared or when information in previous reports is considered insufficient as determined by the Community Development Director, then the developer shall provide a soils report prepared by a registered civil engineer, or equivalent, which details information as determined by the Public Works Director.
(Ord. 189-80 § 6.7, 1980; amended during 1990 republication)
A. 
Written notices shall be mailed to all tenants at least five days prior to the submission of the application to the Community Development Department. The applicant shall provide the department with affidavits of declarations under penalty of perjury of said notice at the time of the application.
B. 
Written notices shall be posted by the Community Development Director in a conspicuous location on the site of the proposed condominium conversion and shall be mailed by the Community Development Department first class prepaid postage to all tenants residing in the proposed condominium conversion project not less than ten days prior to any hearing by the Planning Commission or the City Council concerning the project. Such notices shall provide at least the following:
1. 
The date, time, place and purpose of the hearing;
2. 
That should the use permit for the conversion project be approved, the property owner may require the tenants to vacate (move from) the premises;
3. 
That should the use permit for the conversion project be approved, the property owner shall give, according to all applicable laws, all tenants a minimum one hundred twenty days' notice of termination of their tenancy, together with the exclusive right of first refusal to purchase a unit;
4. 
That all information and reports furnished by the Community Development Director pursuant to the ordinance codified in this chapter shall be on file for public inspection during reasonable hours.
(Ord. 189-80 § 7, 1980; amended during 1990 republication)