The intent of this chapter is to regulate the conversion of
existing rental housing into community housing projects, condominiums,
community apartments or stock cooperatives in order to:
A.
Maintain
an adequate supply of rental housing units in the City and to reduce
the impacts of conversions on residents in rental housing who may
be displaced by providing procedures for notification of tenants.
B.
To
promote the safety of conversion projects by requiring the correction
of building code violations and the upgrading of existing rental housing
units to current building and zoning code standards at time of conversions.
C.
To
provide for the protection of potential purchasers of converted units.
(08-05)
The conversion of existing rental housing to a community housing project shall require a conditional use permit approved pursuant to Chapter 16.303, and a final subdivision map approved pursuant to Title 17 of this Code (the City's Subdivision Ordinance).
A tentative map application shall be submitted concurrently
with the conditional use permit application. The subdivider shall
waive the time limit for review of the tentative map to permit concurrent
review of the tentative map and conditional use permit.
(08-05)
A.
An
application for the conversion of existing rental housing to a community
housing project shall not be granted unless the conversion is consistent
with the spirit and intent of the adopted Housing Element of the Claremont
General Plan. The Planning Commission may deny a conversion if the
City vacancy rate for rental apartment units is below three percent.
The vacancy rate shall be determined at least twice a year by the
Department of Community Development.
B.
The
Planning Commission may allow conversion where special circumstances
exist under which the quality of living may be substantially improved
in such areas by those conditions specified under the conditional
use permit. In making its decision, the Planning Commission shall
consider, but not be limited to, the following criteria: compatibility
of the proposed conversion with existing or proposed developments
in the general neighborhood, the safety, quality and compatibility
of the design of buildings, parking areas, landscaping, and other
site features which may include functional aspects of the site development,
such as automobile and pedestrian circulation.
C.
The
Planning Commission may reduce or increase the amount of parking otherwise
required herein upon a finding that such a reduction or increase is
necessary, reasonable, and would not defeat the purposes of this requirement.
If no enclosed parking is provided, lockable storage spaces shall
be required.
(08-05)
A.
Prior
to conversion of an apartment or townhouse project to a community
housing project, such project shall be in compliance with the latest
adopted Uniform Housing Code, and any equipment or facilities determined
by the Building Official to be deteriorated must be corrected.
Further, all community housing projects must have wall and floor-ceiling
assemblies which conform to the sound insulation performance criteria
promulgated in Title 24, State Building Code, Chapter 2-35, or its
successor.
B.
All
proposals for community housing conversions shall be in compliance
with the current development standards of the district in which the
project is located.
(08-05; 14-04)
When the conversion of rental housing to a community housing
project is proposed, all tenants shall be notified, individually,
in writing, of the intention to convert, and of the hearing, at least
ten days prior to public hearings. This requirement is in addition
to the notice requirements of the Subdivision Map Act.
(08-05)
All common open space and shared facilities shall remain in
common ownership of all property owners in the development. Common
ownership and maintenance for such areas and facilities shall be provided
for by deed restrictions, recorded covenants, and other documents
establishing homeowners' associations and proposed method of maintenance.
Drafts of all such documents shall be submitted with the conditional
use permit application and shall be reviewed by the Planning Commission.
Prior to approval of a final map, all deed restrictions, covenants,
and other legal agreements and documents shall be approved by the
City Attorney as to legal form and effect, and by the Director as
being essentially the same as and as being workable and suitable within
the intent of the Planning Commission review approval of the rough
drafts of such documents.
The City shall enter into an agreement with the declarant of
the conditions, covenants, and restrictions that provides for the
enforcement of the provisions of the conditions, covenants, and restrictions
by the City. The existence of the enforcement agreement shall be referred
to in a separate provision in the recorded conditions, covenants,
and restrictions.
(08-05)
In the event of any noncompliance with any requirements of this
chapter, the Subdivision Map Act, conditions made a part of the conditional
use permit, or tentative or final subdivision map, approval for the
conditional use permit for conversion may be revoked, the final map
may be denied, or certificates of occupancy may be withheld.
(08-05)
A.
An
applicant requesting approval for the conversion of existing rental
housing to a community housing project may submit an application concurrently
for a density bonus or additional incentive(s) of equivalent financial
value, when the applicant agrees to provide at least 33 percent of
the total units of a proposed community housing project to persons
and families of low or moderate income as defined in Health and Safety
Code 50093, or 15 percent of the total units of the proposed community
housing project to lower income households as defined in Health and
Safety Code 50079.5. For purposes of this section, "density bonus"
means an increase in units of 25 percent over the number of apartments
within the existing structure or structures proposed for conversion.
For purposes of this section, "other incentives of equivalent financial
value" means the reduction or waiver of site development standards
or zoning code requirements that would otherwise apply to the conversion
of rental housing to a community housing project.
(13-04)
