The city of San Dimas finds that the conversion of multi-tenant
nonresidential building into smaller ownership units is beneficial
to encourage property improvements and to allow ownership opportunities
for smaller businesses. In adopting this chapter, the city seeks to
protect the welfare of existing tenants of such property and ensure
that the overall property is maintained in optimum conditions in both
appearance and in structural integrity. In this chapter, the city
addresses the special attributes of nonresidential condominium conversions
and adopts condominium conversion standards that will protect the
community, existing tenants, and the purchasers of condominium units.
Specifically, the purpose of this chapter is to ensure that any conversion
of a nonresidential building or complex is preceded by adequate notice
to existing tenants and surrounding property owners and businesses,
and to provide a review process to address such items as parking,
building appearance, property maintenance, lighting, security and
signage.
(Ord. 1161 § 1 (Exh. A),
2006)
This chapter is enacted for the following reasons:
A.
To
establish procedures and standards for the conversion of existing
nonresidential establishments to condominium ownership;
B.
To
reduce the impact of such conversions on tenants by providing for
procedures for notification and full disclosure;
C.
To
assure that purchasers of converted non-residential units have been
properly informed as to the physical condition of the structure that
is offered for purchase; and
D.
To
ensure that converted nonresidential units have a high standard of
appearance, building quality, and safety.
(Ord. 1161 § 1 (Exh. A),
2006)
As used in this chapter, terms and phrases shall have the meaning
respectively ascribed:
means an individual interest in common in a portion of real
property, coupled with a separate interest in space called a unit.
means a nonresidential (commercial, industrial, office or
similar) building(s) or complex in which individual units are rented
or leased rather than owned separately.
means a person or persons renting or leasing a nonresidential
unit as of the date of the mailing by certified mail to the tenant
the notice of intention to convert.
(Ord. 1161 § 1 (Exh. A),
2006)
No person shall convert or cause the conversion of a nonresidential
building to a condominium without submittal of a nonresidential condominium
conversion application and approval of the application by the city
council. The nonresidential condominium conversion application shall
be processed concurrently with the subdivision map application. The
application for nonresidential condominium conversion shall be in
addition to the required subdivision application and any other applications
required by the San Dimas Municipal Code.
(Ord. 1161 § 1 (Exh. A),
2006)
The applicant shall submit all the information required for
a subdivision application pursuant to this chapter. In addition, an
application for nonresidential condominium conversion shall be accompanied
by the following items:
A.
Plans.
A full site plan, floor plans, and elevations of the project showing
proposed building alterations and site improvements, including the
location and sizes of existing and proposed structures, parking layout
and access areas. Plans shall also include information on sewer, water,
utilities, storm drains, areas and improvements to be commonly owned
and maintained and any other related information required by the city.
In addition, a landscape/irrigation plans of the existing site are
required. All plans should be drawn to scale and reasonably discernable.
B.
Parking Plans. All nonresidential condominium conversions shall meet the requirements of Chapter 18.156 of the San Dimas Municipal Code and the following information shall be provided:
1.
A
parking tabulation indicating the square footage of each unit, and
the type of use (office, warehouse, manufacturing, etc.) for each
existing tenant; and
2.
A
proposal for allocation of parking on a unit by unit basis, based
on the parking requirements of the zoning code and the number of spaces
provided.
D.
Property
Evaluation Reports. A complete report detailing the structural conditions,
useful life and any apparent deferred maintenance on the property
which may include, but is not limited to, foundations, electricity,
plumbing, utilities, walls, ceilings, windows, frames, fire protection,
and drainage facilities. Such report shall also describe the condition
of refuse disposal facilities, fountains, stone and brickwork, exterior
lighting, and similar items.
The reports may recommend appropriate actions, including, but
not limited to:
1.
Correction
of city code violations;
2.
Achievement
of conformance with all current applicable city code provisions;
3.
Rehabilitation
of the structures, common areas, and other related facilities to substantially
new condition;
4.
An
increase in the energy and noise insulating qualities of the structures
to that substantially required by current provision of the city codes.
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The city may require additional reports to determine the existing
conditions on the property related to termite infestation, exterior
paint, HVAC equipment, soils, roofing, landscaping and irrigation,
and similar items.
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The cost of all reports shall be paid by the applicant, and
the persons preparing the reports shall be approved by the city. The
reports shall include information on what improvements, if any, shall
be accomplished by the developer and a scheduling or phasing plan
for the improvements. All improvements cited in the reports, whether
required or voluntary, may be considered conditions of approval to
the extent specified in the condominium conversion approval.
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Acceptance of Reports. The final form of the property evaluation
reports and other documents required under this chapter shall be approved
by the director of community development.
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Copy to Buyers. The reports and other documents required under
this chapter in their accepted form shall remain on file with the
planning department for review by the public. The subdivider shall
provide each purchaser with a copy of the reports in their final,
accepted form.
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City Inspection and Fees. The city retains the right to inspect
the structures and facilities for verification of the property evaluation
reports. Costs of such inspections shall be borne by the developer
through a deposit with the city.
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E.
Tenant
Notification. The applicant shall submit evidence that a certified
letter of notification was sent to each tenant thirty days prior to
the filing of an application for a subdivision pursuant to this chapter,
with a statement that all tenants have been notified of the following:
1.
Name,
address, and telephone number of the current owner and/or applicant
and of any person designated by the applicant as the person to be
contacted for further information;
2.
The
approximate dates on which the application for a subdivision is proposed
to be filed;
3.
The
approximate date on which the unit is to be vacated by nonpurchasing
tenants;
4.
The
anticipated price range and terms of sale for each type of unit;
5.
The
proposed property owners' association fees;
6.
A
copy of the applicable condominium conversion regulations;
7.
The
address and telephone number of the city of San Dimas community development
department; and
8.
Notification
to tenants that, upon filing an application, the building and selected
units may be inspected by city representatives.
(Ord. 1161 § 1 (Exh. A),
2006)
The following standards apply to nonresidential condominium
conversions. These standards must be satisfied before a final tract
or parcel map is approved.
A.
Compliance
with Zoning, Building, Mechanical, California State Code of Regulations—Title
24 (Disabled Access) and Fire Codes. The existing buildings and other
improvements shall conform to the applicable standards of the city
zoning, building, and fire codes and the State Code of Regulations—Title
24 (Disabled Access).
B.
Parking Requirements. The project shall conform to all applicable parking requirements of Chapter 18.156 of this code.
C.
Energy
Conservation. The structures in public and common areas shall conform
to all energy conservation standards of the building code. Where present
standards cannot reasonably be met, the city may require the applicant
to notify potential buyers of the energy conservation deficiencies
currently within the public and common areas.
D.
Fire
Protection. Each unit shall be provided with a fire-warning system
conforming to the city building code standards in type and locations.
E.
Utilities—Location,
Metering, and Alternative Energy.
1.
Location.
No common gas or electrical connection or service shall be allowed.
Easements for gas and electric lines shall be provided in the common
ownership area where lateral service connections shall take place.
Gas, electric, and water services to each unit shall be located completely
within the lot lines or ownership space of each unit or within common
tenant areas.
2.
Undergrounding.
Where required by existing city policy, all new utilities across property
frontage shall be installed or connected underground.
3.
Metering.
Each unit shall be separately metered for gas and electricity. Gas
meters, backflow prevention devices and other ground-mounted mechanical
or electrical equipment shall be inconspicuously located and screened,
as approved by the director of community development.
F.
Refurbishing
and Restoration. All main buildings, structures, fences, accessory
buildings, sidewalks, driveways, landscaped areas, and additional
elements as required by the planning department shall be refurbished
and restored as necessary to achieve a high standard of appearance,
quality, and safety. The refurbishing and restoration is subject to
the review and approval by the director of community development.
G.
Landscape
Maintenance. All landscaping and irrigation shall be restored or new
landscaping shall be installed to achieve a high degree of appearance
and quality. Provisions shall be made in the covenants, conditions
and restrictions for continuing maintenance of all landscaped areas.
Existing landscaping and irrigation systems are subject to review
and approval by the director of community development. If new landscaping
is proposed, the design of all landscaping and irrigation is subject
to review and approval of the director of community development.
H.
Trash
Enclosures and Solid Waste Disposal. All trash enclosures, trash bins,
recycling bins and disposal schedules for solid waste shall be subject
to the review and approval of the director of community development.
I.
Covenants,
Conditions, and Restrictions (CC&Rs). Prior to issuance of a final
map, applicant shall prepare and submit for review and approval of
the city all rules and regulations which would be applied on behalf
of the owners of condominium units within the project. The CC&Rs
shall include, but not be limited to: a description of the authority
of the property owners' association; the resale of units; the assignment
of parking and storage areas; a description of all land or building
area to be owned in common; and an agreement for common area maintenance,
together with an estimate of any initial assessment fees anticipated
for such maintenance, and an indication of appropriate responsibilities
for the maintenance of all utility lines and services for each unit.
J.
Contingency
or Reserve Fund. The intent of the city in requiring the creation
of a contingency or reserve fund for condominium conversions is to
provide a surety for unexpected or emergency repairs to common areas
in the interest of the economic, aesthetic, and environmental maintenance
of the community, as well as to protect the general welfare, public
health, and safety of the community. The applicant shall ensure that
each unit is obligated to pay an assessment to allow for the proper
maintenance of the common areas, along with a contingency to address
extraordinary repairs, replacements, and maintenance. Formation of
a property owners' association and levying of regular and special
assessments shall conform to Civil Code Section 1366.
(Ord. 1161 § 1 (Exh. A),
2006)
The city council shall approve, conditionally approve, or disapprove
the nonresidential condominium conversion. Action taken by the city
council shall be supported by the following findings:
A.
That
all the provisions of the Subdivision Map Act, this chapter, and other
applicable provisions of the municipal code are met;
B.
That
the proposed conversion is consistent with the general plan land use
map and any applicable policies;
C.
That
the proposed conversion will conform to the provisions of this chapter
in effect at the time of approval, except as otherwise provided in
this section; and
D.
That
the overall design and physical condition of the condominium conversion
will achieve a high standard of appearance, quality, useful life,
and safety.
(Ord. 1161 § 1 (Exh. A),
2006)
It is unlawful for any person to evict or cause to be evicted
any tenant where the dominant purpose of such eviction is retaliation
against the tenant for the exercise or attempted exercise of any right
granted under this chapter or for the peaceful and lawful opposition
by such tenant to the proposed conversion of the multiple-unit rental
project within which such tenant occupies a tenant space.
(Ord. 1161 § 1 (Exh. A),
2006)
