A. To
establish criteria for the conversion of existing multiple family
rental housing to condominiums, community apartments, cooperative
apartments, hotels or similar uses.
B. To
reduce the impact of such conversions on residents in rental housing
who may be required to relocate due to the conversion of apartments
to condominiums, community apartments, and stock cooperatives, hotels
or similar uses by providing procedures for notification and adequate
time and assistance for such relocation.
C. To
insure 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
insure that converted housing achieves high quality 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.
E. To
attempt to balance the opportunity for housing ownership of all types,
for all levels of income and in a variety of locations with the need
to maintain a supply of rental housing which is adequate to meet the
housing needs of the community.
F. To
attempt to maintain a supply of rental housing for low and moderate
income persons and families.
(Ord. 4000 §2, 1979; Ord. 4014 §1, 1979; Ord. 4199, 1983; Ord. 4606, 1989; Ord. 4716, 1991)
Conversion 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 include community apartment, and stock cooperative,
except where specifically noted.
(Ord. 4000 §2, 1979; Ord. 4199, 1983; Ord. 4606, 1989)
As used in this chapter, the "date of conversion" for condominium
conversions shall mean the date the final or parcel map for the project
is filed with the County Recorder following its approval by the Staff
Hearing Officer or Planning Commission or, if an appeal is filed,
by the City Council. For hotels or similar uses, the "date of conversion"
is the date of issuance of the conversion permit by the Chief Building
Official after the Staff Hearing Officer or Planning Commission, or
the City Council on appeal, approves the conversion.
(Ord. 4000 §2, 1979; Ord. 4048, 1980; Ord. 4199, 1983; Ord. 4606, 1989; Ord. 5380, 2005)
A. Permit required. No person, firm, corporation, partnership or other entity shall convert existing dwelling units to a condominium, hotel or similar use without first having said conversion approved by the Planning Commission or the City Council on appeal, and having been issued a conversion permit by the Chief Building Official. For conversions of dwelling units to condominium units, the body that shall serve as the Advisory Agency for the required subdivision, as specified in Section
27.03.010 of this code, shall review the application for the conversion pursuant to this chapter.
B. Exceptions
to requirements for conversion permits. The following shall be exempt
from the provisions of this chapter:
1. A
project creating a condominium, hotel or similar use and using no
more than one existing dwelling unit as part of said project shall
not be considered a conversion. To qualify for this exception, the
number of dwelling units on the project site shall not have been previously
reduced by use of this exception clause. For the purposes of this
exclusion, the number of existing dwelling unit(s) shall be determined
on the date of application for the permit. If the project calls for
destruction of the structure housing the dwelling unit(s), those units
shall not be counted as existing unit(s).
2. A
stock cooperative or community apartment which has received final
approval from the California Department of Real Estate or has otherwise
been legally created prior to the adoption date of the ordinance establishing
this chapter.
No exception under this subsection shall affect the applicability
of the Zoning Ordinance, the California Building Code as adopted and
amended by the City, or other applicable ordinances or regulations.
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(Ord. 4000 §2, 1979; Ord. 4199, 1983; Ord. 4606, 1989; Ord. 4716, 1991; Ord. 5380, 2005; Ord. 5451, 2008)
A. The
Chief of Building and Zoning shall issue a conversion permit when
he or she determines that:
1. The
applicant has complied with all the applicable City or State regulations
in effect at the time the conversion application was deemed to be
complete, and
2. The
applicant has complied with the conditions of approval.
B. Once
issued, the 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.
C. An
approval shall expire if the tentative subdivision map expires. For
hotels or similar uses, an approval shall expire in the same period
of time as projects requiring a tentative map unless a conversion
permit has been issued by the Chief of Building and Zoning.
(Ord. 4000 §2, 1979; Ord. 4048, 1980; Ord. 4199, 1983; Ord. 4606, 1989)
No existing building containing a dwelling unit shall be approved
for conversion to a condominium or hotel unless it meets the standards
set forth in the following requirements:
A. All
residential buildings shall, on the date of conversion, be in compliance
with the minimum standards of the Uniform Housing Code as adopted
by the City of Santa Barbara and those of the State of California.
B. All
buildings shall, on the date of conversion, 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
California Building Code as adopted and amended by the City.
C. All buildings sought to be converted are, on the date of conversion, in all respects in compliance with the Zoning Ordinance and the goals and policies of the General Plan, or legally nonconforming therewith. Notwithstanding the provisions of Section
28.87.030, any legally nonconforming building or buildings for which a condominium conversion application is approved may be remodeled or otherwise physically changed provided the changes do not increase or intensify the element of the building that is nonconforming.
D. All
condominium projects differentiated from hotels or similar uses, shall
be subject to all applicable provisions of the Subdivision Map Act
and Title 27 of this code.
E. Once
a building permit has been issued, a building may not be converted
unless the certificate of occupancy for the building was issued more
than five years prior to the date the owner files with the City an
application for the approval of a tentative condominium map or conversion
to a hotel or similar use, unless the building satisfies the City's
requirements for new condominium construction.
(Ord. 4000 §2, 1979; Ord. 4199, 1983; Ord. 4606, 1989; Ord. 5451, 2008)
To achieve the purpose of this article, the Staff Hearing Officer
or Planning Commission, prior to the date of conversion, shall require
that all condominium conversions conform to the Santa Barbara Municipal
Code in effect at the time of approval except as otherwise provided
in this chapter. The Staff Hearing Officer or Planning Commission,
prior to the date of conversion, shall require conformance with the
standards of this section in approving an application for conversion.
A. Unit
size. The enclosed living or habitable area of each unit shall be
not less than 600 square feet.
B. Fire
prevention.
1. Smoke
Detectors. Each living unit shall be provided with approved detectors
of products of combustion other than heat conforming to standards
of the
California Building Code as adopted and amended by the City,
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. Maintenance
of Fire Protection Systems. All on-site 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 and delineated in the Covenants, Conditions
and Restrictions.
C. Sound transmission. Wall and floor-ceiling assemblies shall conform to Title 25,
California Code of Regulations, Section 1092, or its successor, or permanent mechanical equipment, including domestic appliances, which is determined by the Chief Building Official to be a potential source of vibration or noise, shall be shock mounted, isolated from the floor and ceiling, or otherwise installed in a manner approved by the Chief Building Official to lessen the 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 subsection shal
l not apply to a unit in a building with no other unit(s).
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.
Each unit shall have its own electrical panel, or access thereto,
for all electrical circuits which serve the unit. A gas shut-off valve
shall be provided for each unit and for each gas appliance.
2. Each
dwelling unit shall be served by a separate City water meter. An additional
separate City meter shall be provided to serve the landscaped areas
in projects that include five or more dwelling units.
3. All plumbing fixtures shall conform to the standards for water saving devices as contained in the Uniform Plumbing Code as adopted and amended by the City of Santa Barbara in Chapter
22.04 of this code.
4. An
exception to any requirement of this subsection may be granted by
the Staff Hearing Officer or Planning Commission if the following
requirements are met:
a. A licensed engineer has determined that compliance with the requirement
cannot practically be accomplished and the applicant has included
alternative measures to accomplish conservation equivalent to that
which would be expected through compliance with the requirement;
b. The Public Works Director has reviewed the proposed exception and
the proposed alternative measures and has concurred that equivalent
conservation is likely to be accomplished as a result thereof. Measures
proposed as alternatives to the water conservation requirements of
this subsection may include, but are not limited to, installation
of privately owned sub-meters on each dwelling unit, conversion of
existing landscaped areas to conform with current standards for water
conserving landscaping, and installation of additional separate City
meters to serve groups of dwelling units.
E. Private
storage space. Each unit shall have at least 200 cubic feet of enclosed
weatherproofed 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 shall
be accessible from the garage or parking area for the units it serves.
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.
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 that are provided are in working condition
as of the close of escrow. At such time as the Homeowner's 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 is in 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 planned improvements.
I. 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 Staff
Hearing Officer or Planning Commission shall be refurbished and restored
as necessary to achieve high quality appearance and safety.
J. Parking
standards. The off-street parking requirements for a conversion project
shall be one and one-half parking spaces per unit for one bedroom
or efficiency units and two parking spaces per unit for units containing
two or more bedrooms.
K. Physical
elements. Any physical element identified in the Physical Elements
Report as having a useful life of less than two years shall be replaced.
L. Outdoor living space. Outdoor living space for a conversion project shall be provided as required in Section
28.21.081.
M. Handicapped
accessibility and adaptability. All conversions involving five or
more units shall meet the accessibility and adaptability requirements
of the State Housing and Community Development Commission.
N. Exceptions. The Staff Hearing Officer or Planning Commission may grant an exception to the physical standards set forth in subsections
A,
E,
F,
J,
L, and
M of this section if it makes any of the following findings:
1. The
economic impact of meeting the standard is not justified by the benefits
of doing so.
2. The
project includes design features or amenities which offset the project's
failure to meet the standard.
3. The
project includes provisions for low-, or moderate-income sales restrictions
on the converted units beyond what is otherwise required in this chapter
that offset the project's failure to meet the standard.
4. The
project's proximity to public open space could partially offset the
project's lack of on-site open space.
(Ord. 4000 §2, 1979; Ord. 4606, 1989; Ord. 4716, 1991; Ord. 5380, 2005)
Conversion of existing dwelling units to hotels or similar uses in the R-4 Zone and zones in which R-4 uses are allowed shall be subject to all applicable Sections of this chapter and of Chapter
28.21 of this code. In addition, the following standards shall apply:
A. Lighting.
All outdoor lighting shall be hooded or shielded so that no direct
beams fall on adjacent property. When outdoor lighting is provided,
indirect soft lighting and low garden lighting shall be used whenever
possible, and shall be required as necessary to assure compatibility
with adjacent and surrounding properties.
B. Parking. Off-street parking shall be provided as required in Chapter
28.90 or subsection C.5 of this section if applicable, subject to Section 28.88.120.I.4 of this chapter.
C. Time share projects. If a proposed time share project retains kitchens in the individual units, they shall be subject to all physical standards under Section
28.88.040 of this code. The conversion of a dwelling unit to a time share project, wherein the converted unit consists of a suite of no more than two rooms and provides no individual kitchens or cooking facilities is exempt from the following subsections o
f Section
28.88.040:
2. D.1:
Utility metering, if a water shut-off valve is provided for each unit
or for each plumbing fixture in that unit;
3. E.
Private Storage Space;
4. F.
Laundry Facilities; and
5. J.
Parking Standards, provided that there shall be provided one-and-one
quarter (1¼) spaces for each unit. This requirement may be
modified if the applicant can demonstrate that additional parking
is not needed.
D. Use
of amenities - time share projects. A provision shall be included
in the "Declaration of Time Share Plan" or similar instrument restricting
the use of the project or its amenities by individual owners/users
of a unit to the period of the time share interval(s) or right-to-use.
(Ord. 4199, 1983; Ord. 4606, 1989; Ord. 4716, 1991)
In addition to such other application requirements as the Staff Hearing Officer or Planning Commission may deem necessary and those requirements as set forth in Section
28.88.030 of this chapter, no application for a conversion to condominiums or time share projects shall be accepted for any purpose 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 all 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 unit;
8. The
location, type and size of all drainage pipes and structures depicted
or described to the nearest public drain or watercourse;
9. The
location and type of the nearest fire hydrants;
10. The location, type and size of all on-site and adjacent street overhead
utility lines;
11. A lighting plan of the project;
12. Existing and proposed exterior elevations;
13. The location of any provisions for any unique natural or vegetative
features.
B. A physical
elements report which shall include but not be limited to:
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, alarm systems, or standpipe
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.
2. A
structural pest control report. Such report shall be prepared by a
licensed structural pest control operator pursuant to Section 8516
of the
Business and Professions Code.
3. A
building history report including the following:
a. The date of construction of all elements of the project;
b. A statement of the major uses of said project since construction;
c. The date and description of each major repair or renovation of any structure or structural element since the date of construction. For the purposes of this subsection
a "major repair" shall mean any repair for which an expenditure of more that $1,000 was made;
d. Statement regarding current ownership of all improvements and underlying
land;
e. Failure to provide information required by paragraphs (a) through
(d) above, shall be accompanied by an affidavit, given under penalty
of perjury, setting forth reasonable efforts undertaken to discover
such information and reasons why such information cannot be obtained.
(Ord. 4000 §2, 1979; Ord. 4199, 1983; Ord. 4606, 1989; Ord. 5380, 2005)
In addition to such other application requirements as the Planning Commission may deem necessary and those requirements as set forth in Section
28.88.030 of this chapter, no application for conversion of a building containing a dwelling unit to a hotel or similar use shall be accepted for any purpose unless the application includes a development plan of the project containing:
A. The
location, height, gross floor area, and proposed uses for each existing
structure to remain and for each proposed new structure;
B. The
location and type of surfacing for all driveways, pedestrian ways,
vehicle parking areas, and curb cuts;
C. The
location, use, and type of surfacing for all open storage areas;
D. The
location, height, and type of materials for walls or fences;
E. The
location of all landscaped areas, the type of landscaping, and any
proposed changes thereto;
F. The
location and description of all recreational and other hotel-related
facilities, and any proposed changes thereto;
G. The
location and size of the parking facilities to be used in conjunction
with each guest room and other related uses on-site;
H. A drainage
plan for the site;
I. A lighting
plan of the project;
J. Existing
and proposed exterior elevations; and
K. The
location of and provisions for any unique natural or vegetative site
features.
(Ord. 4199, 1983; Ord. 4606, 1989)
A. A statement
of any unique provisions of the proposed Covenants, Conditions and
Restrictions which would be applied on behalf of any and all owners
of condominium units within the project. With regard to stock cooperatives,
this submission shall consist of a summary of proposed management,
occupancy and maintenance policies on forms approved by the City Attorney.
B. Specific
information concerning the characteristics of any conversion project,
including, but not limited to, the following:
1. Square
footage and number of rooms in each existing and proposed unit or
guest room;
2. Rental
rate history for each type of unit for previous five years;
3. Monthly
vacancy rate for each month during preceding two years;
4. Makeup
of existing tenant households, including family size, length of residence,
age of tenants, and whether receiving federal or state rent subsidies;
5. Names
and addresses of all tenants; and
6. Applications
for conversion to time share projects shall include the length of
every time share interval and maintenance period.
When the developer can demonstrate that such information is
not available, this requirement may be modified by the Community Development
Department.
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C. The developer shall submit evidence that notification of intent to convert was sent to each tenant in accordance with Section
28.88.100.
D. Any
other information which, in the opinion of the Community Development
Department, will assist in determining whether the proposed project
will be consistent with the purposes of this article.
(Ord. 4000 §2, 1979; Ord. 4199, 1983; Ord. 4606, 1989)
The final form of the Physical Elements Report and other documents
shall be as approved by the Chief Building Official. The reports in
their acceptable form shall remain on file with the Community Development
Department for review by any interested persons. The report shall
be referenced in the subdivision report to the Staff Hearing Officer
or Planning Commission.
(Ord. 4000 §2, 1979; Ord. 4606, 1989; Ord. 5380, 2005)
The seller shall provide each purchaser of a condominium or time share unit with a copy of all reports (in their final, acceptable form), along with the Department of Real Estate Final Subdivision Public Report, when required, except the information required by subsections B and C of Section
28.88.060, prior to the purchaser completing an escrow agreement or other contract to purchase a unit in the project, and the developer shall give the purchaser sufficient time to review the reports. Copies of the reports shall be made available at all times at the sales office and shall be posted at various locations, as approved by the City, at the project site.
(Ord. 4000, 1979; Ord. 4199, 1983; Ord. 4606, 1989; Ord. 4716, 1991)
A. Tenant
notice. Prior to action on the application, the Staff Hearing Officer
or Planning Commission shall hold a hearing. Notice of the hearing
shall be mailed at least 10 days prior to the hearing date to tenants
of the proposed conversion and posted on the property. The public
hearing notice shall include, in addition to the notice of the time
and place of the public hearing, notification of the tenant's rights
to appear and be heard.
B. Staff
report. Any report or recommendation from the staff on a proposed
tentative map for a residential condominium conversion submitted to
the Staff Hearing Officer or Planning Commission or City Council on
appeal shall be in writing and a copy shall be sent to the subdivider
at least six calendar days prior to any hearing or action on the map
by the Staff Hearing Officer or Planning Commission and City Council.
The subdivider shall be responsible for providing a copy of any such
report to each tenant of the subject property at least three days
prior to any hearing or action on such map by the Staff Hearing Officer,
Planning Commission or City Council.
(Ord. 4000, 1979; Ord. 4199,1983; Ord. 4606, 1989; Ord. 5380, 2005)
A. Notice
of intent. A notice of intent to convert shall be provided to each
tenant a minimum of 60 days prior to the filing of the application
for Tentative Map approval. Notice shall be provided either by (1)
personal delivery, or (2) mailing the notice, postage prepaid, by
certified letter with return receipt requested. Evidence of compliance
with this section shall be submitted with the application for conversion.
The form of the notice shall be as approved by the Community Development
Department and shall contain at a minimum the following:
1. Name
and address of current owner;
2. Name
and address of the proposed subdivider;
3. Approximate
date on which the tentative map/conversion permit application is proposed
to be filed;
4. Tenant's
right to purchase condominium, if applicable;
5. Tenant's
right of notification to vacate;
6. Tenant's
right of termination of lease;
7. Statement
of limitations on rent increase;
8. An
explanation of all provisions made by the subdivider for special cases;
9. An
explanation of all provisions made by the subdivider for moving expenses
of displaced tenants;
10. Tenant's right to receipt of notice for each hearing and right to
appear and be heard at any such hearing; and
11. Other information as may be deemed necessary by the Community Development
Department.
B. Tenant's
right to purchase.
1. As
provided in
Government Code Section 66427.1(d) any present tenant
or tenants of any unit shall be given an exclusive right to contract
for the purchase of the unit occupied or equivalent unit at a price
no greater than the price offered to the general public or terms more
favorable to the tenant, whichever is less. The exclusive right to
contract shall extend for at least 90 days from the date of issuance
of the Subdivision Public Report or commencement of sales, whichever
date is later, unless the tenant gives prior written notice of his
or her intention not to exercise the right.
2. In
addition, the present tenant or tenants shall have the right of first
refusal to purchase the unit occupied or equivalent unit at the same
price as that offered by a buyer and accepted by the applicant, whenever
such accepted price is lower than the price required to be offered
to the tenant under paragraph 1 of this subsection. The tenant must
exercise the tenant's right of first refusal within 45 days of receipt
of notice from the applicant.
3. If the tenant exercises his or her right to purchase under this subsection, then the applicant is not required to provide moving expenses as outlined in subsection
G of this section, except to the extent required by State law.
4. The
manner in which any exclusive right to contract or right of first
refusal shall be exercised shall be in accordance with regulations
established by resolution of the City Council. This subsection does
not apply to conversions to hotels or similar uses.
C. Vacation
of units. Each non-purchasing tenant, not in default under the obligations
of the rental agreement or lease under which the unit is occupied,
shall have not less than 180 days from the date of approval of the
conversion by the Staff Hearing Officer or Planning Commission or,
if an appeal is filed, by the City Council, to find substitute housing
and to relocate. Applicant shall give written notice of the approval
containing an explanation of any and all conditions of approval which
affect the tenants to each tenant within 15 days of the approval.
Such notice shall be prepared in accordance with procedures established
by resolution of the City Council setting forth the manner and contents
of such notice.
D. Tenant's
right of termination of lease. Any present tenant or tenants of any
unit shall be given the right to terminate their lease or rental agreement
without penalty, following the receipt of the notification from the
owner of the intent to convert.
E. Special
cases. For purposes of this section, a "special case" tenant is one
who is over age 62, handicapped, low income, a single parent with
custody of minor children, or otherwise likely to experience difficulty
finding suitable replacement housing. The subdivider shall afford
special consideration to each "special case" tenant which special
consideration, at a minimum, shall include the following:
1. Each "special case" tenant shall be allowed an additional period of time, not exceeding six months beyond the period specified in subsection
C of this section, in which to relocate.
2. A tenant with school age children shall not be required to vacate the unit prior to the end of the school year in which the 180-day period specified in subsection
C begins to run.
F. Increase
in rents. From the date of approval of the application to convert
until the date of conversion, no tenant's rent shall be increased
more frequently than once annually nor 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 application to convert.
G. Moving
expenses. The subdivider shall provide moving expenses of one and
one-half times the monthly rent or $2000, whichever is greater, to
any tenant who relocates from the building to be converted after approval
of the condominium conversion by the City, except when the tenant
has given notice of intent to move prior to receipt of notification
from the subdivider of the intent to convert.
H. Notice
to new tenants. After the issuance of the Notification of Intent to
Convert, any prospective tenants shall be notified in writing of the
intent to convert prior to leasing or renting any unit and shall not
be subject to the provisions of subsections B.2, F, and G of this
section. The form of the notice shall be as approved by the Community
Development Department, subject to
Government Code Section 66452.8(b)
and 66452.8(c). Failure by a subdivider to give such notice shall
not be grounds to deny the proposed conversion. Further, the subdivider
shall pay to each prospective tenant who becomes a tenant and who
was entitled to such notice, and who did not receive such notice,
an amount equal to the sum of: (1) actual moving expenses incurred
when moving from the subject property, but not to exceed $1,000.00;
and (2) the first month's rent on the tenant's new rental unit, if
any, immediately after moving from the subject property, but not to
exceed $1,000.00.
I. Notice
of final map. Each of the tenants of the proposed condominium conversion
shall be given written notification within 10 days of approval of
a final map for the proposed conversion and proof of such notification
shall be submitted to the Public Works Department.
J. Notice
of Department of Real Estate report. Each of the tenants of the proposed
condominium conversion shall be given written notification that an
application for a public report will be, or has been submitted to
the Department of Real Estate, and that such report will be available
upon request.
(Ord. 4000 §2, 1979; Ord. 4086, 1980; Ord. 4199, 1983; Ord. 4606, 1989; Ord. 4716, 1991; Ord. 5380, 2005)
A. If
any of the units in the project have been "affordable rental units"
for at least 24 of the previous 48 months preceding the conversion
application, the application for condominium conversion may be approved
only if a condition is imposed requiring that the same number and
type of units in the project after conversion will be subject to a
recorded affordability covenant placing maximum sales price limits
on each such unit in accordance with the City's affordability criteria.
For purposes of this chapter, "affordable rental unit" shall be defined
by resolution of the City Council. All units subject to this affordability
restriction shall be owner-occupied, except as otherwise set forth
by Council resolution. Any such units that are retained by the original
owner and not sold shall be subject to affordable rental restrictions
as defined by resolution of the City Council.
B. If
the Staff Hearing Officer or Planning Commission determines that vacancies
in the project have been increased for the purpose of preparing the
project for conversion, the conversion shall be disapproved. In evaluation
of the current vacancy level under this subsection, the increase in
rental rates for each unit over the preceding five years and the average
monthly vacancy rate for the project over the preceding two years
shall be considered.
(Ord. 4000 §2, 1979; Ord. 4199, 1983; Ord. 4606, 1989; Ord. 4716, 1991; Ord. 5380, 2005)
The Staff Hearing Officer or Planning Commission shall not approve
an application for condominium conversion unless the Staff Hearing
Officer or Planning Commission finds that:
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
of Santa Barbara or legally nonconforming with the density requirement
of its Land Use Element.
C. The
proposed conversion will conform to the Santa Barbara Municipal Code
in effect at the time the application was deemed to be complete, except
as otherwise provided in this chapter.
D. The
overall design (including project amenities) and physical condition
of the conversion will result in a project which is aesthetically
attractive, safe and of quality construction.
E. If
required by Section 28.88.110.A, the proposed conversion has mitigated
impacts to the City's low and moderate income housing supply through
an agreement to record affordability control covenants on the specified
number of units.
F. The
applicant has not engaged in coercive retaliatory action regarding
the tenants after the submittal of the first application for City
review 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 the approval shall
not be considered a coercive or retaliatory action.
G. The
owner has made a reasonable effort to assist those tenants wishing
to purchase their units for purposes of minimizing the direct effect
on the rental housing market created by relocating such tenants.
H. The requirements of Section
28.88.130 have been met.
I. The
following additional findings shall be made by the Staff Hearing Officer
or Planning Commission in order to approve conversions to hotels or
similar uses:
1. The
use will not be materially detrimental to the public peace, health,
safety, comfort and general welfare and will not materially decrease
property values in the neighborhood involved;
2. The
total area of the site and the setbacks and location of all facilities
in relation to property and street lines are adequate in view of the
characteristics of the site.
3. The
conversion will not have a significant adverse impact on the surrounding
properties.
4. Adequate
access and off-street parking, including parking for guests and employees,
are provided so that there is no adverse impact on the character of
the public streets in the neighborhood.
(Ord. 4000, 1979; Ord. 4014, 1979; Ord. 4199, 1983; Ord. 4606, 1989; Ord. 4716, 1991; Ord. 5380, 2005)
A. Maximum
number of conversions.
1. Annual
Quota. The maximum number of conversions to condominiums to be approved
during any calendar year shall not exceed the greater of:
b. The number of unassisted new dwelling units in two family and multiple
family rental projects issued certificates of occupancy during the
previous calendar year minus the number of dwelling units in two family
and multiple family rental units to be demolished pursuant to permits
issued in that same year.
2. In the event that the annual conversion quota determined pursuant to paragraph 1 of this subsection
A exceeds the aggregate number of units approved for conversion to condominiums during any year any excess shall be available in the following 12 month period for conversions to hotels or similar uses only, after which time any remaining excess shall not be included in the annual conversion quota permitted for any following year.
3. A
condominium project consisting of more dwelling units than the maximum
number which can be approved in the applicable calendar year, may
be approved for a phased conversion. The approval of a phased conversion
shall specify the number of units which may be converted in each year
(which number may not exceed the annual conversion quota for that
year), and shall specify that the units approved for conversion in
a given year shall have priority for conversion over units in other
projects approved for conversion in that year.
B. Processing
of applications. Applications shall be processed in accordance with
procedures established by resolution of the City Council setting forth
the manner and method of prioritizing applications for conversions.
C. Exceptions.
1. This
section shall not be applicable to:
a. A project consisting of four or less units.
b. A project as to which the tenants of more than 50% of the rental
units have made a commitment to purchase their units.
c. A project involving conversions for a non or limited equity cooperative
or condominium for low-to-moderate income residents.
d. A project involving the conversion of dwelling units which, at the
time the application for condominium conversion was filed, were legally
rented as hotel units.
e. A project involving conversions in which not less than 75% of the
dwelling units are subject to the City's standard affordability controls.
(Ord. 4000 §2, 1979; Ord. 4014 §1, 1979; Ord. 4199, 1983; Ord. 4606, 1989; Ord. 4716, 1991)