If the map is for conversion of existing residential development
into condominiums, community apartments, or a stock cooperative, the
following apply:
A. Application. The conversion of an existing residential development to a condominium, community apartment, or stock cooperative, requires a tentative map for five or more units or a tentative parcel map for four or fewer units. An existing residential development is defined as a residential development that has received a certificate of final occupancy. The tentative map or tentative parcel map must indicate all sublots including commonly held sublots. The requirement for a tentative parcel map and a parcel map or a tentative and final map must apply to the conversion of a mobilehome park to a tenant owned condominium ownership interest unless specifically waived pursuant to Section
12.08.030. In addition, if a tentative and final map are not required for a mobilehome park conversion to tenant owned condominium ownership pursuant to Section 66428.1 of the State
Government Code (Subdivision Map Act), or amendments thereto, the applicant may at the applicant's option file a tentative parcel map and parcel map or a tentative map and a final map.
B. Submittals.
All tentative maps and tentative parcel maps involving conversion
to condominiums, community apartments, or a stock cooperative, including
mobile home parks unless specifically waived pursuant to the provisions
of this chapter, must be accompanied by the following:
1. An
application for a tentative map or tentative parcel map, along with
the information required for processing and application fees, must
be filed with the Planning and Building Department;
2. Evidence,
satisfactory to the Director, including a statement by the subdivider
and copies of letters, that each tenant or prospective tenant has
been given notice of the proposed conversion pursuant to Sections
66452.17 through 66452.19 of the State
Government Code (Subdivision
Map Act) or amendments thereto;
3. Name
and address of each tenant or prospective tenant of each dwelling
unit within the project on mailing labels (two sets) and envelopes
with postage adequate to mail the staff report on the conversion to
the tenants as required pursuant to Section 66452.3 of the State Government
Code (Subdivision Map Act) or amendments thereto;
4. A
report prepared to the satisfaction of the Director that indicates
the effect the conversion would have on the availability of existing
multifamily rental housing for lower income residents in the City;
5. A
physical inventory report prepared by a licensed mechanical or structural
engineer, a licensed architect, or a licensed general building contractor
that includes the estimated remaining useful life and replacement
costs of roofs, driveways, foundation, plumbing, electrical, heating,
air conditioning, and other mechanical and structural systems, and
any current building code deficiencies;
6. A
copy of all CC&Rs on the project; and
7. An application for a development review permit, along with the information required for processing pursuant to Chapter
13.08 or revisions thereto, must be filed with the Planning and Building Department.
C. Standards
for Conversion. All tentative maps and tentative parcel maps involving
conversion to condominiums of an existing residential development
must be conditioned to:
1. Meet current zoning requirements contained in Title
13 of this code unless the requirements are waived or modified pursuant to subsection
F of this section. In addition, the conversion of existing legal nonconforming multifamily residential development to a condominium, community apartment, or stock cooperative is exempt from compliance with setbacks, density, height, coverage, area of landscaping, and building separation standards, provided no increase in density is proposed and the underlying zone is residential. Improvements required as conditions of approval for the conversion of such legal nonconforming structures are not limited by the provisions of Section
13.04.110; and
2. Provide at a minimum, the following with regard to building and fire codes unless these standards are waived or modified pursuant to subsection
F of this section:
a. Any polybutylene plumbing piping must be replaced with copper piping
complying with the current edition of the California Plumbing Code
or equivalent model code as mandated by the State of California,
b. Guardrails must be added and/or modified to comply with the current
edition of the
California Building Code as mandated by the State of
California. Both guardrail height and intermediate rails or ornamental
pattern of guardrails must be made to comply,
c. Stairway handrails must be added and/or modified to comply with the
current edition of the
California Building Code as mandated by the
State of California; Exception: Handrails located between 30 inches
and 34 inches above the nosing of treads and landings installed in
accordance with the code in effect at the time of construction may
be allowed to remain,
d. Any dilapidated or unsafe stairways must be rebuilt to current California
Building Code requirements. Stairways that are in good condition may
remain provided they comply with the code in effect at the time of
their construction and they have a minimum run of nine inches and
a maximum rise of eight inches and a minimum width of 30 inches,
e. All separation walls and floor ceiling assemblies between units must
provide an airborne sound insulation equal to that required to meet
a sound transmission class (STC) of 50 (45 if field tested). All separation
floor-ceiling assemblies between separate units must provide impact
sound insulation equal to that required to meet an impact insulation
class (IIC) of 50 (45 if field tested). Buildings that have plans
and permits on file with the City showing compliance with the above
requirements will not require field testing. All others will require
field testing in accordance with Title 24,
California Building Code,
Appendix Chapter 35 as mandated by the State of California,
f. All electrical wiring serving 15 ampere and 20 ampere circuits with
No. 14 AWG or No. 12 AWG size wire must be of copper. Any existing
aluminum wiring in these sizes must be replaced with copper,
g. All 125-volt, single phase, 15-and 20-ampere receptacles installed
in bathrooms, within six feet of a kitchen sink or outdoors where
there is direct grade level access to a dwelling unit and to the receptacles
must have ground-fault circuit-interrupter protection,
h. Draftstops complying with the Uniform Building Code as mandated by
the State of California must be installed above and in line with the
walls separating individual dwelling units from each other and from
other uses,
i. Any alterations or repairs (i.e., installation of sound attenuation
materials) to the walls separating individual units from each other
and from other uses that involve the replacement of wall surfacing
materials (drywall, plaster or wood paneling) must be made using only
materials approved for one-hour fire resistive construction,
j. Ultra low flow toilets and shower heads must be provided,
k. Smoke detectors and carbon monoxide detectors must be installed in
accordance with the
California Building Code. Smoke detectors within
bedrooms must include a visual notification device to notify hearing
impaired occupants,
l. Each unit in the building or complex must be retrofitted for fire
sprinklers, unless the applicant for conversion demonstrates to the
satisfaction of the City Council that the costs of retrofitting a
specific building or complex would be significantly higher than average
costs of retrofitting or would cause unusual structural defects or
similar problems,
m. Basements and every bedroom must have at least one operable window
or door approved for emergency escape or rescue. Windows provided
for emergency escape or rescue must comply with minimum sill height
and opening size requirements in the prevailing building code,
n. Individual electric and/or gas meters must be provided for each unit,
and
o. Additional health and safety upgrades determined necessary by the
City;
3. The
project must include interior and exterior improvements as may be
required by the City Council for approval of the conversion. Required
interior and exterior improvements may include, but are not limited
to: new paint, new roofs, new window treatments, added wainscot materials,
trellises, added wall or window articulation, and other similar improvements.
The following building components or systems must be replaced if they
have been identified as having five years or less of remaining life
in the physical inventory report: roof coverings, exterior wall and
floor coverings and finishes, water systems, water heating systems,
metal drain piping systems, and cooling and heating mechanical systems;
4. The project must provide adequate public and/or private facilities to serve the development with respect to streets, lighting, fire protection, water, sewer, drainage and flood protection unless waived or modified pursuant to subsection
F of this section;
5. All
tenant notification and information must be provided, as required
by the Subdivision Map Act;
6. Each
tenant of an apartment which the owner intends to convert to a condominium
who receives a notice of intent to convert pursuant to Section 66452.18
of the Subdivision Map Act, and who is still a tenant in the apartment
building at the time the City approves the conversion pursuant to
this chapter must be entitled to receive a sum equal to three months'
rent, based on the current area "fair market rent" for apartment size
based on the number of bedrooms, as established by the U.S. Department
of Housing and Urban Development. The appropriate sum under this subsection
must be paid by the subdivider as defined by the apartment lease agreement
no later than the date on which the 30-or 60-day notice to vacate,
as applicable under the Subdivision Map Act, is served to the tenant.
The subdivider must provide notice to the tenant of his/her right
to receive assistance under this subsection pursuant to the tenant
notice requirements of this chapter and of the Subdivision Map Act;
7. The
physical inventory report must reasonably ensure the City of the project's
long term financial viability;
8. The
project must comply with current disability requirements to the satisfaction
of the Director;
9. A notice of conditions must be recorded which discloses the conditions of the project and applicable zoning regulations. All waivers or modifications of standards pursuant to subsection
F of this section must be disclosed in the notice of conditions. The form and the content of the notice must be to the satisfaction of the Director; and
10. CC&Rs must be submitted to the Director of Planning and Building
for approval by the City Attorney and the Director of Planning and
Building, and recorded prior to final map or parcel map. A recorded
copy must be provided to the Planning and Building Department. The
provisions of the CC&Rs must include the following:
a. The statement that the City has the right, but not the obligation,
to provide for the maintenance of all open space, recreational facilities
and improvements if the homeowners' association fails to perform its
maintenance obligations. In such cases where maintenance is provided
by the City, cost for such services must be assessed to the homeowners'
association and will become a lien upon the property and/or each lot,
as appropriate,
b. Disclosure of assessment districts,
c. Disclosure of soil conditions as deemed appropriate by the Director
and the City Attorney,
d. Disclosure of waiver or modification of standards made pursuant to subsection
F of this section.
D. Conditions of Approval. The City may, in the resolution granting approval, impose such conditions as deemed necessary to make the findings contained in subsections
E and/or
F of this section.
E. Findings.
In addition to the findings required pursuant to Section 66427.1 of
the State
Government Code (Subdivision Map Act), or amendments thereto,
the following findings must be made in the approval of a conversion
of an existing residential development to condominiums, community
apartments, planned developments, or a stock cooperative:
1. That
the conversion of the residential project is desirable and consistent
with the goals and objectives of the housing element of the General
Plan, in that approval of the conversion will not result in the loss
of lower income multifamily housing stock in the City, and that it
would not result in exceeding a limit on conversion of existing apartment
units to condominiums, where such limit is the number equal to 50%
of the yearly average of apartment units constructed in the City in
the previous two fiscal years;
2. That
the conversion is consistent with the goals and objectives of the
General Plan;
3. That
the site and project are physically suitable for conversion and that
the project incorporates desirable features which create a pleasant,
attractive environment for ownership living;
4. That the proposed development meets the intent and specific standards and criteria prescribed in all applicable sections of the municipal code, the land development manual, and the public works standards of the City unless the requirements are waived or modified pursuant to subsection
F of this section;
5. That the proposed development meets the intent and specific standards and criteria of the Uniform Fire Code unless the requirements are waived or modified pursuant to subsection
F of this section.
F. Waiver or Modification of Standards. Due to the nature of retrofitting existing buildings to conform to all current zoning requirements and all current State and City laws and regulations for new building construction, it may be impractical or undesirable to require complete conformance to all of the conversion requirements contained in subsection
C of this section. A waiver or modification of the standards required for a conversion may be granted if all of the following findings are made:
1. That
the waiver or modification does not compromise the health, safety
or welfare of the buyers of the project or the general public;
2. That
the waiver or modification is necessary because of special and unusual
circumstances applicable to the building(s) or property; and
3. That
the waiver or modification does not compromise the quality of the
project under consideration for home ownership.
(Ord. 565 § 3, 2019; Ord. 612 § 2, 2023)
The tentative map and fee, along with the information required
for processing, must be filed with the Planning and Building Department.
Filing fees are prescribed by resolution of the City Council.
(Ord. 565 § 3, 2019; Ord. 612 § 2, 2023)
The Director may waive the requirement for a tentative parcel
map for nonresidential subdivisions.
(Ord. 565 § 3, 2019)
The Planning and Building Department is authorized and directed
to distribute copies of the tentative map and where appropriate, required
written statements to each department and affected agency and to request
a report regarding same. The Director of Planning and Building is
directed to assemble the comments from the various officials and agencies
into the staff report for the project.
(Ord. 565 § 3, 2019; Ord. 612 § 2, 2023)
The time limits for acting and reporting on tentative maps may
be extended by mutual consent of the subdivider and the Director.
(Ord. 565 § 3, 2019)
A. Approved
or conditionally approved tentative maps and tentative parcel maps
expire 36 months after the date of approval or conditional approval
unless a time extension is granted by the Planning and Building Director.
B. A subdivider
may request a time extension by application to the Planning and Building
Department. Such application must be filed within 90 days prior to
the expiration date of the tentative map or tentative parcel map.
All requests for a time extension must be accompanied by a processing
fee as prescribed by resolution by the City Council.
(Ord. 565 § 3, 2019; Ord. 612 § 2, 2023)