In addition to complying with the requirements of Chapters 16.24 and 16.32, all condominium conversion projects must comply with the requirements of this chapter in order for the tentative map and final map to be approved.
(Ord. 358 § 1, 2007)
The buildings must comply with all requirements of Title 15 of the Moorpark Municipal Code and all requirements of state laws and regulations pertaining to building structure and safety under the standards therein made applicable to such preexisting buildings as well as the requirements of Section 16.30.040.
(Ord. 358 § 1, 2007)
Prior to the submittal of an application for a tentative subdivision
map for the condominium conversion project, the subdivider shall submit
the filing fee, as established by resolution of the city council,
for a building compliance report. The report shall be prepared by
the building official in order to determine the required improvements
necessary for conversion to comply with Title 15 of the Moorpark Municipal
Code.
(Ord. 358 § 1, 2007)
The subdivider shall submit an application for condominium conversion,
the filing fee, as established by resolution of the city council,
the conversion plan and including, but not limited to, the following:
A.
An
application for a planned development permit accompanied by the filing
fee, as established by resolution of the city council, and plans consistent
with those required for a planned development permit, including, but
not limited to, building elevations and floor plans for existing and
proposed buildings, a detailed site plan showing covered, enclosed,
open and guest parking, existing and proposed landscaping, existing
and proposed open space, existing and proposed recreation, existing
and proposed buildings and proposed building colors.
B.
A list
of the improvements referenced in Title 15 and Title 17 of the Moorpark
Municipal Code that will need to be upgraded in the complex to the
standards in effect for construction of new buildings, to the extent
financially and practically feasible, with regard to the following
matters: interior and exterior architectural and design details, sound
transmission, energy efficiency, parking supply, open and covered
parking, recreation, cable TV, telephone, exterior lighting, open
space and landscaping.
C.
A copy
of the notice of submission of application for public report which
includes improvement plans and capital reserves.
D.
A copy
of the tenant notifications of proposed conversion in compliance with
Section 66452.8 of the State Subdivision Map Act.
E.
A phasing
plan to reflect unit sales and tenant relocation agreements.
H.
Compliance
with the flow requirements as applicable to new construction as required
by the fire department.
(Ord. 358 § 1, 2007)
A tenant assistance plan must contain the following components:
A.
A tenant listing by name and apartment address including all persons, other than dependent children, shown on any lease, rental agreement, or other evidence of rental occupancy customarily maintained for the apartment building, as an occupant for rent current within 30 calendar days of the date of filing of the tentative map. Any person who becomes a tenant after approval of the final map shall be considered a tenant for purposes of this chapter or any tenant assistance plan. Discharge by the subdivider or his or her agent of any obligation pursuant to this subsection as to any such listed tenant shall constitute discharge of such obligation to all persons concurrently residing in the same unit, unless otherwise provided in the agreement executed pursuant to subsection F of this section.
B.
A schedule
of rents for each unit showing any changes occurring in the previous
six month period.
C.
A statement
of the method by which tenants will be assisted by the subdivider
or his or her agents in finding comparable replacement rental housing
within the area of the conversion.
D.
A statement
of the method by which the subdivider will comply with the requirements
of Section 66427.1 of the Subdivision Map Act. Such method must provide
that no tenant shall be required to move from his or her apartment
due to the proposed conversion until the expiration of the 90 day
period for exercise by the tenant of his or her right of first refusal
pursuant to Section 66427.1(d) of the Subdivision Map Act. Said 90
day period shall not commence for any tenant until such tenant has
received written notification of issuance of the subdivision public
report pursuant to Section 11018.2 of the Business and Professions
Code, unless the tenant gives prior written notice of his or her intention
to not exercise that right. The right to purchase his or her apartment
must be upon the same terms and conditions that such unit will be
initially offered to the general public or terms more favorable to
the tenant.
E.
A statement
of the method by which the subdivider or his or her agents will reimburse
each tenant for costs actually incurred in moving from his or her
apartment due to the planned conversion to a common ownership unit.
The amount of tenant reimbursement for cost actually incurred in moving
shall be set by city council resolution.
F.
A written
agreement satisfactory to the community development director and city
attorney between the city and the subdivider for the benefit of each
tenant, by which the subdivider covenants to carry out the terms of
a tenant assistance plan, as finally approved by the community development
director. The agreement must be secured by a surety acceptable to
the city, bond or bonds by one or more duly authorized corporate sureties
in a total amount as established by city council resolution, as may
be amended from time to time, multiplied by the number of units, and
the total amount of said surety, bond or bonds shall be security for
each and every obligation to any tenant undertaken by the subdivider
in such agreement. The community development director shall only release
the surety or bond(s) when proof that the conversion has been completed
has been provided, except for partial early releases. The community
development director, upon the provision of written proof, may approve
partial early releases, but not more than once in each six month period
following approval of the final map. The partial early releases shall
only be in proportion to the number of units in which the tenants
have vacated, purchased without vacating, or waived their rights.
The rights of a tenant pursuant to the written agreement of this section
shall not apply if knowingly waived by a tenant as follows:
1.
A
written agreement, signed by both the tenant and the subdivider or
his or her agent, is executed by which the specifically described
rights are expressly waived in return for such specifically described
consideration as may be mutually agreed upon between the parties.
2.
The
agreement between the subdivider and the tenant is executed subsequent
to the written agreement of this section and specifically states that
the tenant has read that agreement and is aware of his or her rights
thereunder.
3.
A
copy of the executed agreement is promptly filed with the community
development director.
G.
A listing
and explanation of any termination of tenancies for reasons other
than the conversion, or a statement that no such terminations have
occurred.
H.
A statement
of the time and manner in which notices of the conversion has been
given or will be given pursuant to Section 66427.1(a) of the state
Subdivision Map Act, and in which notice of a right of first refusal
has been given or will be given pursuant to Section 66427.1(d) of
said act.
(Ord. 358 § 1, 2007)
An application for a conversion project shall be accompanied
by a management plan which sets forth a comprehensive representation
of the project governance process, including, but not limited to,
the following components:
A.
A maintenance
plan which includes a long-term project maintenance schedule and operations
standards.
B.
Draft
CC&R provisions setting forth the rules of project governance
and management, including the establishment of a board of directors
(duties, powers, election and replacement).
C.
A statement
governing the management of vacant and/or unsold units.
D.
A current
structural pest control inspection report issued by a licensed structural
pest control operator, showing the subject premises to be free of
evidence of termite, dry-rot, fungi and/or damage therefrom. Such
a report shall be deemed current for a period of not more than 90
calendar days following the date of inspection.
(Ord. 358 § 1, 2007)
An application for condominium conversion must meet the requirements
of Title 16 in order to be approved. All of the following findings
must be made:
A.
That
the condominium conversion project would not be detrimental to the
welfare of future residents of the project or to surrounding property
or to the public generally;
B.
That the conversion project complies or will comply with current development standards of this chapter and Chapter 17.32; and
C.
That
the condominium conversion project has or will have a sufficient number
of multiple-bedroom units for housing families; and
D.
That
a minimum of 20% of the units are or will be reserved, for the life
of the project, as affordable. Ten percent shall be low income units
and 10% shall be very low income units guaranteed though a recorded
affordable housing agreement between the property owner and city;
and
E.
That
Titles 15 and 17 code requirements have been or will be met or exceeded
by providing project amenities, or upgrades to the units for the life
of the project; and
F.
That
individual metering for water, gas and electric for each unit has
or will be provided; and
G.
That
vacancy rates at the time of approval of the conversion project are
below the guidelines set forth in the general plan.
(Ord. 358 § 1, 2007)
A.
All conversion projects must provide off-street parking spaces in accordance with the current standards in Chapter 17.32 of this code, except as specified in this section.
B.
All
covered parking required by the conditions of approval for the existing
project shall be maintained for the life of the project.
C.
A parking
waiver may only be considered if a finding can be made that strict
compliance with the parking requirement will not benefit the site
and its surrounding area. The applicant must indicate how the project
will operate adequately without complying with the parking requirement.
This assessment must be based on a fully occupied project.
D.
Parking waivers may be granted by the city council after review and recommendation by the planning commission. The decision of the city council is final. The procedural requirements for a parking waiver shall be the same as those for a variance as set forth in Section 17.44.040(E) of this code.
(Ord. 358 § 1, 2007)
