In order to provide for the housing needs of all economic segments of the community, the council declares that the purposes of this chapter are as follows:
A. 
To ensure that rental units being converted to condominiums meet reasonable physical standards as required by this title and building codes of the city in effect at the time of construction;
B. 
To help mitigate the impact of eviction for residents of rental units as a result of their units being converted to condominiums;
C. 
To promote the concept of home ownership and to bring a greater amount of owner-occupied housing on the market affordable by all economic segments of the community, thus encouraging participation in the various economic and social benefits associated with home ownership.
(Ord. 5683 § 5, 2009)
A. 
In addition to the requirements of this title relating to applications for tentative maps, the application for condominium conversion subdivision shall include the following:
1. 
A condominium conversion application;
2. 
Tenant and rental information which shall consist of the name and address of each present tenant of the project, and the identification of the vacant units;
3. 
Schedule of proposed improvements which shall be made to the project prior to their sale; such list shall not prohibit the applicant from making additional improvements;
4. 
A plot plan of the project including the location and sizes of structures, parking layout and access areas.
B. 
Those certain conversions of community apartment projects or stock cooperatives to condominiums which meet the criteria set forth in Sections 66412 and 66452.10 of the Government Code, State of California, shall be exempt from the provisions of this title, provided that evidence is provided satisfactory to the director of community development to make findings of fact and determinations in writing certifying that such conversion is in conformance with such Government Code sections. All conversions of community apartment projects or stock cooperatives to condominium shall comply with the provisions of section 16.20.050
(Ord. 5683 § 5, 2009; Ord. 5803 § 57, 2013)
A. 
Upon receipt of the application to convert, the application for subdivision, and the additional reports required in section 16.20.020, the director of community development shall submit copies of applicable reports or documents to the fire department, building section and other divisions as found necessary.
B. 
The premises shall be inspected for needed repairs to bring the project into compliance with the building code applicable at the time of construction and with the current housing code. The cost of such inspection shall be borne by the subdivider.
C. 
The fire chief shall cause an inspection to be made of such project to determine the sufficiency of fire protection systems serving such project and report on any deficiencies and indicate which deficiencies are required to be corrected by law.
D. 
The director of community development shall cause an inspection to be made to ascertain conformance of the project with zoning ordinance requirements applicable to the project, in effect at the time the project was constructed, and may submit copies of application documents to other divisions for their review and comments.
(Ord. 5683 § 5, 2009; Ord. 5803 § 58, 2013)
A. 
Correction of Deficiencies.
1. 
Corrections required in the building inspection report shall be made by the subdivider at the subdivider's expense to the satisfaction of the building official.
2. 
The subdivider shall correct any deficiencies in the fire protection system, required by law.
3. 
The subdivider shall repair or replace any damaged or infested areas in need of repair or replacement as shown in the structural pest control report, which shall be prepared by a licensed structural pest control operator and dated and filed at least 30 days prior to the submittal of the final map.
4. 
The subdivider shall bring into conformity any zoning ordinance violations.
B. 
Final Inspection Report. A final inspection report shall be made by the Building Official prior to consideration of the final map, indicating the compliance with all requirements imposed in this chapter.
C. 
Street Improvements.
1. 
The subdivider shall improve or post a cash bond with the city guaranteeing the installation of the improvements to city standards of substandard or deficient street improvements fronting this property within the public right-of-way to the satisfaction of the city engineer in accordance with current policy. These improvements may include, but shall not be limited to, curbs, gutters, sidewalks, ramps, driveways, drainage devices, trees and tree wells and streetlights.
2. 
The width of the public rights-of-way and roadway of the street(s) abutting the property shall conform to the minimum standard of the circulation element of the general plan as set forth in Appendix A thereof.
D. 
Sewer. If the apartment proposed for condominium conversion has not paid a sanitary sewer line charge as required by this code, it shall pay a charge equal to the amount of a single-family residence times the number of units in the condominium prior to the submittal of the final map.
E. 
Maintenance of Conversion Records. The community planning department shall keep and maintain the copies of all such reports required herein, as public records for no less than five years and shall send copies to the California Real Estate Commissioner as may be required by law.
(Ord. 5683 § 5, 2009)
A. 
At least 60 days prior to submittal of the tentative tract map and application to the city for processing, the owner or subdivider shall send a letter to each and every tenant in the building to be converted, which letter shall advise the tenants of all rights set forth in subsections C. through I. of this section. Such letter shall be served on the tenants by certified mail. At the time of tentative tract filing, the owner or subdivider shall file with the city a true copy of the letter sent to all tenants, proof of mailing, and a duly signed and notarized written statement that the required letter has been sent.
B. 
Commencing at a date not less than 60 days prior to submittal of the tentative tract map, and continuing thereafter until such time as units are offered for sale, the owner or subdivider shall give written notice of the intent to convert and the rights set forth in subsections C. through H. of this section, to each person applying after such date for rental of a unit in the subject property immediately prior to acceptance of any rent or deposit from the prospective tenant. Proof of such notification and acceptance of same by the prospective tenant shall immediately be filed with the director of community development. Failure by the owner or subdivider to notify each prospective tenant who becomes a tenant and was entitled to such notice and who does not purchase his or her unit, shall require the owner or subdivider to pay to the affected tenant an amount equal to the sum of the following: relocation compensation pursuant to subsection I. of this section, and the first month's rent on the tenant's new rental unit, if any, immediately after moving from the subject property, but not to exceed $500.
C. 
Each tenant shall be given written notification of the application for conversion and shall be advised that hearings will be held before the hearing officer only if requested by any interested person and that each tenant has a right to appear and be heard at any such hearing.
D. 
Each tenant shall be given written notification within 10 days of submittal of an application for a subdivision public report to the department of real estate and each tenant shall be advised that upon issuance of such report, it will be made available to any tenant upon request.
E. 
Each tenant shall be given written notification within 10 days of approval of the final tract map for the conversion.
F. 
Each tenant shall be given 180 days' written notice of the intention to convert prior to termination of tenancy due to the conversion or proposed conversion.
G. 
Each tenant shall be given an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or on terms more favorable to the tenant, and such exclusive right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report by the department of real estate, unless the tenant gives prior written notice of his or her intention not to exercise the right.
H. 
Each tenant shall be notified in writing that no units may be sold in the building proposed for conversion unless the conversion is approved by the city and until after the final tract map is recorded and a subdivision public report has been issued by the department of real estate.
I. 
Unless tenants of the building proposed to be converted were given written notice of the intention to convert by the owner or owner's agent at the time the tenants signed rental or lease agreements, the subdivider shall compensate the tenants for their relocation expenses as follows: actual moving expenses incurred not to exceed $500 per residential unit to be paid at the time the notice of termination (eviction) is presented; if termination of residency has not been noticed, and the relocation fee not paid, prior to the filing of the final map, the owner of the property shall submit written evidence to the city that the owner has entered into an agreement with each such person to provide actual moving expenses incurred not to exceed $500 to such tenant at the time the notice of termination or eviction is served.
(Ord. 5683 § 5, 2009; Ord. 5803 § 59, 2013)
Conversions shall not be approved which fail to meet the following minimum standards:
A. 
Parking.
1. 
Any building in the previous R4 zone for which construction plans were filed for plan check prior to December 14, 1973, and any building in any previous R2, R3, R4L or C zone for which construction plans were filed for plan check prior to October 25, 1974, shall have parking at a ratio in conformance with the zoning standards applicable at the time of plan check review; provided, however, that at least one covered and accessible parking space is provided for each dwelling unit. Any building in the previous R3R zone for which construction plans were filed for plan check prior to December 14, 1973, shall have covered parking for residents and covered or uncovered parking for guests in conformance with the standards of the previous R3R zone applicable at the time of plan check review; provided, however, that at least one covered and accessible parking space is provided for each dwelling unit.
2. 
Any building in the previous R4 zone for which construction plans were filed for plan check on or after December 14, 1973, but prior to January 19, 1979, and any building in any previous R2, R3, R4L or C zone for which construction plans were filed for plan check on or after October 25, 1974, but prior to January 19, 1979, shall have a covered and accessible parking ratio of one and one-half (1.5) spaces for an efficiency or one-bedroom dwelling unit, one and three-fourths (1.75) spaces for a two-bedroom dwelling unit and two spaces for dwelling units with three or more bedrooms. Any building in the previous R3R zone for which construction plans were filed for plan check on or after December 14, 1973, but prior to January 19, 1979, shall have covered parking for residents and covered or uncovered parking for guests in conformance with the standards of the previous R3R zone applicable at the time of plan check review; provided, however, that at least one and one-half (1.5) covered and accessible parking spaces are provided for an efficiency or one-bedroom unit, one and three-fourths (1.75) covered and accessible parking spaces are provided for a two-bedroom unit, and two covered and accessible parking spaces are provided for dwelling units with three or more bedrooms.
3. 
Any building in any previous R2, R3, R3R, R4, R4L, R5 or C zone for which plans were filed for plan check on or after January 19, 1979, and any building in any zone for which plans were filed for plan check on or after April 24, 1986, shall have the required number of covered or enclosed parking spaces and guest parking spaces applicable at the time of plan check review.
4. 
Notwithstanding any other provisions of this section, in the DSP zone, a minimum of one off-street parking space shall be provided for each dwelling unit.
B. 
Sound Attenuation. Unless existing floor-to-ceiling assemblies between separate units meet a sound transmission class of 50, as certified in the inspection report, wall-to-wall carpeting shall be required in all rooms of dwelling units with the exception of bathroom, kitchen and private open space areas.
C. 
Storage Space. Each dwelling unit not provided with an attached garage shall be provided with a minimum of 60 cubic feet of enclosed lockable storage space outside the dwelling unit. Such storage space shall have a minimum horizontal surface area of 24 square feet.
D. 
Fire Detection Systems. Early warning smoke detection systems in the living quarters and fire protection appurtenances as required by current state and local law shall be required for all condominium conversion subdivisions.
E. 
Utilities and Vibrations. All projects for which a building permit was issued after June 9, 1994 shall comply with the requirements specified in subsections C and D of Section 16.16.040, except the sanitary sewer fee.
(Ord. 5683 § 5, 2009; Ord. 5803 § 60, 2013)
A. 
General. To achieve the purpose of this chapter, the subdivider shall include a copy of those portions of the declarations of restrictions proposed to be recorded, as required by state law, together with any and all documents required and relating to the items regulated by this section and all proposals for condominium subdivision made pursuant to the provisions of this section. Once the declaration is accepted in final form by the director of community development, none of the portions of the declaration shall be amended, modified or changed without first obtaining the written consent of the director of community development and all of which shall contain, at the end of each such provision, a statement to that effect.
B. 
Maintenance of Impact Insulation Class. The impact insulation class (IIC) rating of all separating floor/ceiling assemblies, as required by section 16.20.060, shall be described in the declaration. Where the minimum IIC rating is obtained through the use of floor covering(s), the declaration shall provide that such covering shall not be removed for any purpose except cleaning or replacement, and further provide that any replacement covering(s) shall furnish the same or a greater degree of impact insulation as that originally installed.
(Ord. 5683 § 5, 2009; Ord. 5803 § 61, 2013)
A. 
Assignment or Conveyance of Private Storage Areas. Air space of private storage areas including, but not limited to, the private storage space required by Section 16.20.060 shall be described and conveyed with each unit as either exclusive easements appurtenant thereto or as component elements of units thereof.
B. 
Assignment or Conveyance of Off-Street Parking Spaces. Required off-street parking spaces shall be conveyed with each unit as either exclusive easements appurtenant thereto, or as component elements of units thereof. All parking spaces shall be used solely by unit owners, members of their families, their guests or lessees of the owner's unit. A unit occupant within the condominium project may rent one space to another unit occupant or to the condominium association, provided that a minimum of one space is retained for use in conjunction with the residential unit.
(Ord. 5683 § 5, 2009)
Recognizing that conversions of existing structures to condominium usage presents unique problems with respect to meeting the requirements of condominium construction, the city council may vary, upon application by the subdivider, all but the minimum standards of Section 16.20.060 with regard to a particular conversion proposal upon finding the creation of the proposed condominium will not have the potential to contravene the intent and purposes of this chapter.
(Ord. 5683 § 5, 2009)