The purposes of this chapter are as follows:
A. 
To establish criteria for the conversion of existing multiple family rental housing to condominiums, community apartments, and cooperative apartments;
B. 
To reduce the impact of such conversions on residents in rental housing who may be required to relocate due to the conversion of units or space to condominiums, community apartments and stock cooperatives by providing procedures for notification and adequate time and assistance for such relocation;
C. 
To ensure that the purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase;
D. 
To ensure that converted housing achieves quality construction, appearance and safety, and is consistent with the goals of the city's general plan and conforms or is legally nonconforming with the density requirements of the general plan's land use element.
(Ord. 80 § 1, 1982)
A. 
Conversions to community apartments and stock cooperatives shall be subject to the same restrictions, conditions and requirements as condominiums. All references to a "condominium" in this chapter shall be deemed to refer to a condominium, community apartment or cooperative apartment, except where specifically noted.
B. 
"Applicant" or "subdivider" means the owner of the real property proposed for condominium conversion or his or her representative.
C. 
"Community apartment project" means the same as defined by Section 11004 of the California Business and Professions Code.
D. 
"Condominium" means the same as defined by Section 783 of the California Civil Code.
E. 
"Condominium" means an existing multiple residential building proposed for conversion to a condominium, stock cooperative or community apartment project through approval of a tract or parcel map.
F. 
"Stock cooperative" means the same as defined by Section 11003.2 of the California Business and Professions Code.
(Ord. 80 § 1, 1982)
No person, firm, corporation, partnership or other entity shall convert existing dwelling units to a condominium subdivision, community apartment or stock cooperative without first having been issued a condominium conversion permit by the planning director.
(Ord. 80 § 1, 1982)
The planning director shall issue a condominium conversion permit when he or she determines that:
A. 
The applicant has complied with all applicable city and state regulations in effect at the time the condominium conversion was approved; and
B. 
The applicant has complied with the conditions of approval.
Once issued, the condominium conversion permit can be revoked only because of the failure of the applicant or his or her successors in interest to comply with the conditions of approval or any applicable city or state regulations in effect at the time the conversion was approved.
A permit shall expire if and at the same time that the tentative subdivision map approval expires.
(Ord. 80 § 1, 1982)
No existing building shall be approved for conversion to a condominium project unless it meets the following standards and requirements:
A. 
All residential buildings shall be in compliance with the minimum standards of the multiple family residential zone, of the building code as adopted by the city and the state of California, which are in effect on the date of approval of the tentative subdivision map.
B. 
All buildings for which an application for a conversion permit is filed shall be in compliance with the exit and occupancy requirements and the height and area requirements for the type of construction and occupancy involved as outlined in the building code as adopted by the city and in effect on the date the tentative subdivision map is approved.
C. 
All buildings for which an application for a conversion permit is filed shall be in all respects in compliance with the zoning ordinance and the goals and policies of the general plan, or legally nonconforming therewith, as of the date the tentative subdivision map is approved.
D. 
All condominium projects, apartments and stock cooperatives shall file a subdivision map subject to all applicable provisions of the Subdivision Map Act.
E. 
No application for the approval of a tentative subdivision map for conversion of a building to condominiums may be filed with the city within a period of two years after issuance of the certificate of occupancy for said building.
(Ord. 80 § 1, 1982)
To achieve the purposes of this chapter, the planning commission shall require that all condominium conversions conform prior to the date of conversion to the La Cañada Flintridge Municipal Code in effect at the time of approval of the conversion permit, except as otherwise provided in this chapter. The planning commission shall require conformance with the standards of this section prior to the date of conversion in approving an application for conversion.
A. 
Unit Size. The floor area of the existing units shall not be reduced to less than the floor area of the units prior to approval of the conversion.
B. 
Fire Prevention.
1. 
Smoke Detectors. Each living unit shall be provided with approved detectors of products of combustion as specified in the Uniform Building Code in effect at the time of issuance of the conversion permit. Said detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes.
2. 
Smoke Detectors in Other than Dwelling Units. Every mechanical room, equipment room, enclosed garage, lobby, manager's office, recreation room or similar enclosed space shall be provided with approved detectors of products of combustion as specified in the Uniform Building Code in effect at the time of issuance of the conversion permit. Said detectors shall be connected to an audible alarm which shall ring in an office or other inhabited area or shall ring outside the room.
3. 
Maintenance of Fire Protection Systems. All onsite fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protective appliances shall be retained in an operable condition at all times, maintained by the homeowner's association. The covenants, conditions and restrictions shall provide for the maintenance of all such fire protection systems.
C. 
Sound Insulation. Wall and floor-ceiling assemblies of apartments shall conform to Title 25, California Administrative Code, Section 1092, or its successor. All permanent mechanical equipment, including domestic appliances, which are determined by the superintendent of building and safety to be a potential source of vibration or noise, shall be shock mounted, isolated in a manner approved by the superintendent of building and safety to lessen transmission of vibration and noise. Floor covering may only be replaced by another floor covering that provides the same or greater insulation. The requirements of this paragraph shall not apply to a unit in a building with no other unit(s). Exceptions to this requirement may be granted by the planning commission if it is determined that complying with this section will add costs in excess of ten percent of the total cost of the improvements to the structure.
D. 
Utility Metering.
1. 
The consumption of gas and electricity within each unit shall be separately metered so that the unit owner can be separately billed for each utility. Water need not be separately metered, however, a water shut-off valve shall be provided for each unit or for each plumbing fixture. Each unit shall have access to its own meter(s). Exceptions may be granted by the planning commission for central water heating, central heating and central heating and air-conditioning systems which are energy efficient or otherwise deemed appropriate.
2. 
Each unit shall have access to its own electrical panel for all electrical circuits which serve the unit.
E. 
Private Storage Space. Each converted apartment unit shall have at least 200 cubic feet of enclosed weather-proofed and lockable private storage space, in addition to guest, linen pantry and clothes closets customarily provided. Such space shall be for the sole use of the unit owner. Such space may be provided in any location as approved by the planning commission at the time of approval, but shall not be divided into more than two locations. In such cases where the applicant can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the planning commission.
F. 
Laundry Facilities. A laundry area shall be provided in each unit; or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof. In such cases where the applicant can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the planning commission.
G. 
Condition of Equipment and Appliances. The applicant shall provide written certification to the buyer of each unit on the initial sale after conversion that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks and air-conditioners which are provided are in working condition as of the close of escrow. At such time as the homeowners' association takes over management of the development, the applicant shall provide written certification to the association that any pool and pool equipment and any appliances and mechanical equipment to be owned in common by the association are in proper working condition.
H. 
Public Easements. The applicant shall make provisions for the dedication of land or easements for street widening, public access or other public purpose in connection with the project where necessary and in accordance with established or planned improvements.
I. 
Underground Utilities. The applicant and his or her successors in interest shall waive the right, through deed restriction, to protest the formation of an underground utility district.
J. 
Refurbishing and Restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, irrigation systems and additional elements as required by the planning director shall be refurbished and restored as necessary to achieve high quality appearance and safety. Such refurbishing and restoration shall be reviewed and approved by the planning director and architectural review committee.
K. 
Parking Standards. The off-street parking requirements for a condominium conversion project shall be two covered parking spaces per unit, to be assigned to and conveyed with the unit. Visitor parking shall be provided in the ratio to one space, which need not be covered, for every four dwelling units. Required off-street parking may be uncovered if the applicant can demonstrate to the planning commission that this requirement cannot or should not be reasonably met.
L. 
Physical Elements. Any physical element identified in the physical elements report (Section 11.64.070(B)) as having a useful life of less than two years shall be replaced.
M. 
Security Plan. A security plan, which may include but need not be limited to security lighting, driveway gates and fencing shall be submitted for review and approval by the planning director.
(Ord. 80 § 1, 1982)
No application for a condominium conversion project shall be accepted for filing unless the application includes the following:
A. 
A development plan of the project including:
1. 
The location, height, gross floor area and proposed uses for each existing structure to remain and for each proposed new structure,
2. 
The location, use and type of surfacing for all open storage areas,
3. 
The location and type of surfacing for driveways, pedestrian ways, vehicle parking areas and curb cuts,
4. 
The location, height and type of materials for walls or fences,
5. 
The location of all landscaped areas, the type of landscaping, and a statement specifying the method by which the landscaped areas shall be maintained,
6. 
The location and description of all recreational facilities and a statement specifying the method of the maintenance thereof,
7. 
The location and size of the parking facilities to be used in conjunction with each condominium unit,
8. 
The location, type and size of all drainage pipes and structures depicted or described to the nearest public drain or water course,
9. 
The location and type and fire flow of the nearest fire hydrants,
10. 
The location, type and size of all onsite and adjacent street overhead utility lines,
11. 
A lighting plan of the project,
12. 
Existing and proposed exterior elevations,
13. 
The location of and provisions for any unique natural or vegetative site features;
B. 
A physical elements report which shall include:
1. 
A report detailing the condition and estimating the remaining useful life of each element of the project proposed for conversion: roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, plumbing systems, including sewage systems, swimming pools, sprinkler systems for landscaping, utility delivery systems, central or community heating and air-conditioning systems, fire protection systems including automatic sprinkler systems and structural elements. Such report shall be prepared by an appropriately licensed contractor or architect or by a registered civil or structural engineer other than the owner. For any element whose useful life is less than five years, a replacement cost estimate shall be provided.
Included in this physical elements report shall be a discussion of the type and capacity of private sewage disposal system and a history of the maintenance of such system including the number of times and dates that the system has been pumped,
2. 
A structural pest control report. Such report shall be prepared by a licensed structural pest control operator pursuant to Section 8516 of the California Business and Professions Code,
3. 
A building history report including the following:
a. 
The date of construction of all elements of the project which required building, plumbing, electrical or other permits prior to construction,
b. 
The date and description of each major repair or renovation of any structure or structural element since the date of construction. For purposes of this subsection a "major repair" shall mean any repair for which an expenditure of more than $1,000 was made,
c. 
Statement regarding current ownership of all improvements and underlying land and encumbrances thereon,
d. 
Failure to provide information required by subsections (B)(3)(a) through (c), inclusive, shall be accompanied by an affidavit, given under penalty of perjury, setting forth reasonable efforts undertaken to discover such information and reasons why said information cannot be obtained;
C. 
Proposed covenants, conditions and restrictions, bylaws and other documents providing for the establishment, operation and maintenance of the condominium project. These documents shall provide that the city is a party and shall give the city the right to enforce any provision in those documents which is required pursuant to this chapter;
D. 
Specific information concerning the characteristics of the project, including but not limited to the following:
1. 
Square footage in the unit and number of rooms in each unit,
2. 
Proposed sale price of unit,
3. 
Proposed homeowners' association fee; permanent mortgage financing available,
4. 
Names and addresses of all tenants.
When the applicant can demonstrate that such information is not available, this requirement may be modified by the planning director;
E. 
Any other information which, in the opinion of the planning director, will assist in determining whether the proposed project will be consistent with the purposes of this chapter. The planning director may waive any requirement of this section which is not applicable to a particular condominium conversion project.
(Ord. 80 § 1, 1982)
The applicant shall file a report of the impact of the condominium conversion upon the displaced residents of the property to be converted. This report shall include the following:
A. 
Rental rate history for each type of unit for previous three years;
B. 
Monthly vacancy rate for each month during preceding two years;
C. 
Makeup of existing tenant households, including family size, length of residence, age of tenants and whether receiving federal or state rent subsidies;
D. 
The availability in the La Cañada Flintridge area of adequate replacement space in apartment units.
The information required by this section shall be utilized only to assist the planning commission in determining whether additional city regulation of condominium conversions should be recommended to the city council.
(Ord. 80 § 1, 1982)
The final form of the physical elements report, information report and other documents shall be as approved by the planning director. The reports in their acceptable form shall remain on file with the planning department for review by any interested persons. The report shall be referenced in the subdivision report to the planning commission.
(Ord. 80 § 1, 1982)
The owner of the property proposed for conversion shall provide each purchaser with a copy of all reports (in their final acceptable form), along with the California Department of Real Estate white report, except the information required by Section 11.64.080, prior to said purchaser completing an escrow agreement or his or her contract to purchase a unit in the project. The owner shall give the purchaser ten days to review these reports prior to completion of the escrow agreement or contract to purchase the unit. In order to assure that a copy is received by the purchaser, the purchaser shall sign for the report. Copies of the reports shall be made available at all times at the sales office for the condominium conversion project and shall be posted at various locations, as approved by the city, at the project site.
(Ord. 80 § 1, 1982)
A. 
Notice of Intent. A written notice of intent to convert shall be delivered by the owner of the property proposed for conversion to each tenant's dwelling unit at least 60 days prior to the filing of a tentative subdivision map. In addition, beginning at least 60 days prior to the filing of a tentative subdivision map, the owner of the property proposed for conversion shall give to each prospective tenant immediately prior to the acceptance of the initial rent or deposit a written notice of intent to convert. Evidence of delivery of these notices shall be submitted with the application for conversion. The form of the notice shall be as approved by the planning director and shall contain not less than the following:
1. 
Name and address of current owner;
2. 
Name and address of proposed subdivider;
3. 
Approximate date on which the tentative subdivision map is proposed to be filed;
4. 
Approximate date on which the final subdivision map is proposed to be filed;
5. 
Approximate date on which the unit is to be vacated by nonpurchasing tenants;
6. 
Tenant's right to purchase;
7. 
Tenant's right of notification to vacate;
8. 
Tenant's right of termination of lease;
9. 
Statement of limitations on rent increase;
10. 
Provision for special cases;
11. 
Provision of moving expenses; and
12. 
Such other related information as may be deemed necessary by the planning director.
B. 
Notice of Filing of Tentative Map. Applicant shall give to each tenant, and to each prospective tenant prior to acceptance of the initial rent or a deposit, notice of the filing of a tentative subdivision map in the form required by the planning director.
C. 
Tenant's Right to Purchase. As provided in Government Code Section 66427.1(d), each tenant shall be given notice of a nontransferable right of first refusal to purchase the unit occupied by the tenant upon the same terms and conditions that the unit will be initially offered to the general public, or upon terms more favorable to tenant. The right of first refusal shall extend for at least 90 days from the date of issuance of the Public Report by the California Department of Real Estate, unless the tenant gives prior written notice of his or her intention not to exercise the right to purchase.
D. 
Notice of Final Approval. Within ten days following approval by the city of the final subdivision map for the proposed condominium conversion, the city shall mail to each tenant notice that the final subdivision map has been approved.
E. 
Notice of Application for Public Report. Within ten days of the application by the subdivider to the California Department of Real Estate for a Public Report, the subdivider shall give notice of such application to all existing tenants and shall at the same time provide notice that the Report will be available for inspection upon request.
F. 
Report of Impact of Conversion upon Displaced Persons. At least 15 days prior to a public hearing on the proposed condominium conversion project by the planning commission, the subdivider shall give notice to each tenant that the report of the impact of the condominium conversion upon displaced residents, which the subdivider is required under Section 11.64.080, is available for inspection by each tenant upon request.
G. 
Vacation of Units. Each nonpurchasing tenant, not in default under the obligations of the rental agreement or lease under which he or she occupies his or her unit, shall have not less than 180 days from the date of approval of the tentative subdivision map before the tenancy my be terminated.
H. 
Increase in Rents. From the date of approval of the tentative subdivision map until the date of issuance of the condominium conversion permit under Section 11.64.030, no tenant's rent shall be increased: (1) more frequently than once every six months; and (2) at a rate greater than the rate of increase in the Consumer Price Index (all items, Los Angeles-Long Beach), on an annualized basis for the same period. This limitation shall not apply if rent increases are provided for in leases or contracts in existence prior to the filing date of the tentative subdivision map.
I. 
Moving Expenses. The subdivider shall provide moving expenses of one and one-half times the monthly rent to any tenant who relocates from the building to be converted after approval of the condominium conversion tentative map by the city, except when the tenant has given notice of his or her intent to move prior to receipt of notification from the subdivider of his or her intent to convert. Such payment shall be paid only after the tenant has moved from the building proposed to be converted. This requirement shall not apply to any new tenant who received the notices to prospective tenants set forth in subsections A and B of this section.
(Ord. 80 § 1, 1982)
Concurrent with review of requests for conversion of existing apartments to condominiums, the planning commission should consider the following:
A. 
Whether the amount and impact of the displacement of tenants, if the conversion is approved, would suggest the need for the planning commission to recommend to the city council adoption of additional condominium conversion regulations;
B. 
The role that the apartment structure plays in the existing housing market. Particular emphasis should be placed on the evaluation of rental structures to determine if the existing apartment complexes serving low and moderate income households are adequate, or whether additional municipal regulation should be recommended to the city council. Criteria to determine low and moderate income households used by the federal and state governments will be used in the evaluation. Along with other factors, the city will consider the following:
1. 
The number of families needing housing assistance as shown in the city's current housing assistance plan,
2. 
The probable income range of tenants living in existing apartments based on the assumption that households pay between one-fourth and one-half of their income for housing. That income range will be compared with existing income limits for the Section 8 Housing Assistance Program to determine whether potential displaced tenants can be categorized as low and moderate income.
(Ord. 80 § 1, 1982)
A. 
The planning department shall investigate the facts bearing on the proposed conversion to provide information necessary to assure action consistent with the intent of this chapter and the general plan.
B. 
The staff report on the proposed conversion shall be mailed to each tenant and to applicant a minimum of three days prior to the public hearing.
(Ord. 80 § 1, 1982)
Within 50 days after the application is accepted and a notice of complete filing has been sent to the applicant, the planning commission shall hold a public hearing upon the proposed condominium conversion project.
(Ord. 80 § 1, 1982)
Notice of the public hearing shall be given in the following manner and shall contain the date, time and place of hearing, a general description of the property, and a general description of the matter being considered.
A. 
Notice shall be published in a newspaper of general circulation in the city not less than ten days before the date of the hearing.
B. 
Notices for the public hearing shall be mailed not less than 15 days before the hearing to: (1) owners of property within a radius of 300 feet of the exterior boundaries of the property as shown on the latest available assessment roll of the county; (2) all existing tenants of the property proposed for conversion; and (3) the applicant.
(Ord. 80 § 1, 1982)
To approve an application for condominium conversion, the planning commission and, in the event of an appeal, the city council shall make the following findings:
A. 
All provisions of this chapter are met and the project will not be detrimental to the health, safety and general welfare of the community;
B. 
The proposed conversion is consistent with the general plan of the city or is legally nonconforming therewith, and is consistent with the density requirement of the city land use element;
C. 
The proposed conversion will conform to the La Cañada Flintridge Municipal Code in effect at the time of approval, except as otherwise provided in this chapter;
D. 
The overall design and physical condition of this conversion will result in a project which is aesthetically attractive, safe and of quality construction;
E. 
That the applicant has not engaged in coercive retaliatory action regarding the tenants after the submittal of the first application for condominium conversion through the date of approval. In making this finding, consideration shall be given to:
1. 
Rent increases at a rate greater than the rate of increase in the Consumer Price Index (all items, Los Angeles-Long Beach) unless provided for in leases or contracts in existence prior to the submittal of the first application for city review, or
2. 
Any other action by applicant which is taken against tenants to coerce them to refrain from opposing the project. An agreement with tenants which provides for benefits to the tenants after condominium conversion approval shall not be considered a coercive or retaliatory action;
F. 
That conditions have been imposed which assure that all provisions of Section 11.64.110 have been complied with and that all notices set forth in Section 11.64.110 have been delivered prior to the issuance of the condominium conversion permit.
(Ord. 80 § 1, 1982)
If the planning commission determines that vacancies in the project have been increased for the purpose of preparing the project for conversion, the project shall be disapproved. In evaluation of the current vacancy level under this section, the increase in rental rates for each unit over the preceding three years and the average monthly vacancy rate for the project over the preceding two years shall be considered.
(Ord. 80 § 1, 1982)
The planning commission shall approve or disapprove of the proposed conversion. If it approves the condominium conversion, the planning commission may impose conditions deemed necessary to carry out the purposes and intent of this chapter and to protect the public health, safety and welfare.
(Ord. 80 § 1, 1982)
A. 
Any party may appeal from planning commission action to the city council pursuant to the provisions of the La Cañada Flintridge zoning ordinance, except to the extent that those provisions are modified herein.
B. 
Any appeal to the city council shall be filed with the city clerk within 15 days after the planning commission action from which the appeal is being taken.
C. 
A hearing on the appeal shall be held by the city council within 30 days following the date of filing of the appeal with the city clerk.
(Ord. 80 § 1, 1982)