This chapter establishes requirements for applications for the creation of a condominium or other common interest residential development (including a community apartment project, planned development, or stock cooperative, as provided by California Civil Code Section 1351) simultaneously with the construction of a new structure, and the conversion of an existing structure to a condominium, consistent with the requirements of the Map Act.
(Prior code § 16-650.010; Ord. 023-07 C.S., § 123)
A. 
Required Processing. When a residential structure in compliance with Table 2-2 (Allowable Land Uses and Permit Requirements) is proposed at the time of construction as a condominium or other common interest development, a tentative map or tentative parcel map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner in compliance with Chapter 16.188 (Tentative Map Filing and Tentative Parcel Map and Processing). Chapter 16.192 (Parcel Maps and Final Maps) determines whether a parcel or final map shall also be filed.
B. 
Notice to Tenants. Any person who rents or leases a dwelling unit in a condominium project shall be informed in writing at the onset of tenancy of the condominium status of the project and the fact that the dwelling unit may be offered for sale at any time. Failure of the owner of the condominium to give the required notice shall prohibit evicting the tenant to sell the tenant's condominium unit for 180 days from the date notice is provided.
(Prior code § 16-650.020)
A condominium conversion is the conversion of real property to a common interest development as defined by Section 1351 of the California Civil Code.
A. 
Approval Requirements. A conversion shall require the approval of a condominium conversion permit and parcel map. A parcel map may be waived for a condominium conversion in compliance with Map Act Section 66428(b), or for the conversion of a mobilehome park in compliance with Map Act Section 66428.1. If a parcel map is waived, a tentative map shall be required.
B. 
Notice to Tenants. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project shall be given written notification in compliance with Government Code Section 66407.1 of:
1. 
The intention to convert at least 60 days prior to the filing of a tentative map;
2. 
Approval of a final map for the proposed conversion within 10 days of the approval;
3. 
Intention to convert 180 days prior to termination of tenancy due to the conversion; and
4. 
An exclusive right to contract for the purchase of his or her respective unit for at least 90 days from the date of issuance of the subdivision public report.
C. 
Application Requirements.
1. 
An application for a condominium conversion permit shall be filed with the Director on the forms provided by the Department, and shall include all additional information and materials required by the Department. The application shall be accompanied by the fee established by the Council's fee resolution to cover the cost of processing the application and accompanying documents.
2. 
The applicant shall also submit a report setting forth all repairs and replacements necessary, if any, to immediately place the buildings in substantial compliance with the California Building Standards Code as it existed at the time of construction of the project, and the City's Fire Code and Housing Code as they exist at the time of application for the condominium conversion permit.
D. 
Development Standards. All condominium conversions shall comply with the following minimum standards:
1. 
Meters and Control Valves. Gas and electricity shall be separately metered for each unit. The Planning Commission may waive this requirement upon finding that conversion is necessary or highly conducive to the rehabilitation or restoration of historic buildings (e.g., landmarks and structures of merit).
2. 
Laundry Facilities. Each unit shall be plumbed and wired for laundry facilities or shall have access to common laundry facilities within the project.
3. 
Smoke Detectors. Each unit shall be provided with approved smoke detectors.
4. 
Condition of Equipment and Appliance Within Units. The applicant shall supply a written certification to the buyer of each unit on the initial sale of the converted unit stating that every dishwasher, garbage disposal, stove, refrigerator, hot water tank, and air conditioner included within the unit is in working condition, and shall provide a one-year warranty covering major repairs on all appliances and equipment.
5. 
Fire Walls. Fire walls for residential condominiums shall meet existing building code standards for the type of condominium proposed.
E. 
Notice, Hearing, and Decision. Following review by the Director, a public hearing shall be conducted by the Commission in compliance with Chapter 16.88 (Review Procedures) for actions in which the Commission is the Review Authority.
1. 
Notice. Notification of the hearing shall be mailed to existing tenants of the project at least 10 days prior to the hearing.
2. 
Findings. The Planning Commission shall not approve any condominium conversion project without first making the following findings:
a. 
The conversion will not result in a major displacement of existing tenants unable to find comparable housing, and the location of the conversion and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare.
b. 
The proposed conversion complies with the development standards in subsection D (Development Standards), above.
3. 
Application Denial. Any pattern of unjust evictions, or any unreasonable rent increase or pattern of unreasonable rent increases in the proposed project within 18 months prior to application for a condominium conversion permit may be grounds for denial of the application.
F. 
Tenant and Buyer Protection.
1. 
Moving Assistance. Every elderly or handicapped tenant, or families with school age children, or families in the extremely low-, very low-, low-, and moderate-income brackets, shall receive active assistance from the permittee in finding comparable housing. All existing tenants whose tenancies have been terminated for the purpose of converting or selling their units shall receive reimbursement by permittee for moving costs not to exceed one month's rent. In lieu of cash payments, permittee shall have the option of providing the equivalent reimbursement in free rent.
2. 
Relocation. Elderly (62 years of age), low-income, or handicapped tenants shall not be required to move from the project due to the conversion, nor be subjected to unreasonable rent increases. However, if a tenant's 90-day exclusive right to purchase his or her unit expires or the tenant has provided written notice of his or her intention not to exercise the exclusive right to purchase his or her unit, the permittee may sell the unit to a third party with an express condition in the sales agreement or deed of trust that the buyer shall guarantee the existing tenants' rights to remain in the project and not be subject to the unreasonable rent increases.
3. 
Tenant Release. The filing of a tentative map or tentative parcel map and/or application for a condominium conversion permit, and notice to the tenants of the application, shall release any tenant desiring to move before the expiration of his or her lease from any durational requirements other than 30-days' written notice to the landlord.
4. 
Post-Conversion Tenants. Any person who rents or leases a unit in a project for which an application for a condominium conversion permit has been filed, shall be informed of the proposed conversion in writing prior to taking tenancy. The tenant is not eligible for the tenant protections provided by this Subdivision Ordinance for "existing tenants."
5. 
Use of Common Facilities. Existing tenants shall retain all privileges relating to the use of the pools, jacuzzis, saunas, laundry facilities, and other common facilities, in compliance with the terms of their existing leases or rental agreements.
6. 
Cooling-Off Period. Any tenant or other prospective buyer who signs a binding agreement for purchase shall be released without penalty from that obligation if, within 72 hours, the buyer notifies the seller in writing of his or her desire to rescind the agreement.
7. 
Tenant Discounts. Each of the existing tenants of the proposed condominium conversion project shall be given notice that they have exclusive right to contract for the purpose of purchasing the unit they presently occupy under the same terms and conditions that the unit will be initially offered to the general public, or terms more favorable to the tenant. This exclusive right to purchase shall run for a period of not less than 90 days from the date of the issuance of the Department of Real Estate public report, or approval of a condominium conversion permit under this Development Code, whichever is later.
8. 
Pest Report. Prior to the signing of any binding agreement for purchase, a structural pest report shall be made available to the prospective purchaser.
G. 
Certificate of Occupancy. In addition to the condominium conversion permit required by this section, every condominium conversion project shall require the issuance of a certificate of occupancy by the Building Division. No certificate shall be issued until the condominium conversion permit is issued and there has been compliance with all ordinance requirements.
H. 
Expiration of Condominium Conversion Permit. A condominium conversion permit shall lapse and become void 36 months after the date on which the permit became effective, unless a certificate of occupancy is issued prior to the expiration date. A condominium conversion permit may be extended by the Commission upon the written request of the permittee prior to the initial expiration date.
I. 
Resubmittal of Application After Denial. The resubmittal of an application for a condominium conversion permit within one year of denial shall require the consent of the Commission or Council.
(Prior code § 16-650.030; Ord. 023-07 C.S. § 124; Ord. 001-08 C.S. § 32; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2020-12-01-1502 C.S. § 40; Ord. 2025-06-03-1601, 6/3/2025)