The purposes of this chapter include:
A. 
Reducing the impact of condominium conversions on residents of rental housing who may be required to relocate;
B. 
Ensuring that housing converted to condominiums is constructed at a standard that is consistent with current building codes;
C. 
Providing design and property improvement standards for condominium conversions;
D. 
Ensuring that a homeowners association is established that is adequately funded and organized to maintain all common areas and structures.
(Prior code § 27-5.1; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021)
A. 
Before the conversion of any existing structure to residential condominiums, community apartments, planned developments, or stock cooperatives, the developer, builder, or other person seeking to convert the existing structure shall first obtain a use permit for the conversion.
B. 
Such use permit shall be issued only:
1. 
Upon the approval of the decision-making body, after it has been determined that such existing structures conform to the General Plan, all applicable zoning regulations, and to all the other city requirements, including the requirements of this chapter; and
2. 
Upon the issuance of a business license by the chief financial officer based upon the payment of the prescribed condominium, community apartments, or stock cooperative tax.
C. 
Use permits shall be evaluated and processed pursuant to Chapter 12.112. No use permit for a conversion shall be granted unless the decision-making body finds that the granting of the application will not under the circumstances of the particular case, be deterimental to the health, safety, morals, or general welfare of the persons residing or working in the neighborhoods of the proposed project or conversion, or be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the city.
D. 
Condominium conversions shall comply with Title 11 of this code, and require a subdivision subject to all applicable provisions of the Subdivision Map Act, Title 12, Article II of this code, and all other applicable state and local laws and ordinances. Provisions for notice, hearing, and appeal shall be as specified in Title 12, Article III, and Title 12, Article II of this code for conditional use permits and tentative maps, respectively, except as modified by the provisions of this chapter.
(Prior code § 27-5.2; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
In addition to the notices of public hearing required by Sections 12.36.180 and 12.112.030 of this code, the city shall provide additional notice as described in this section. The applicant shall provide all notices required by Government Code Section 66427.1 or successor provision, any other provisions of the Subdivision Map Act, or other state or federal law.
A. 
Notice shall be mailed, postage prepaid, to each tenant in the buildings proposed to be converted, including the time, place, and purpose of a public hearing and the tenant's right to appear and be heard at the hearing to be held by the planning commission or city council relating to the application for a conversion permit. Notice shall also be given as required by Government Code Sections 65090 and 65091.
B. 
Such notice shall be mailed at least ten days prior to the hearing to which it relates.
C. 
At least three days prior to the hearing, the city shall also serve on the applicant and on each tenant, a copy of the staff report regarding the conversion application.
D. 
The applicant shall bear the cost of the notice to tenants and distribution of the staff report to the tenants. In addition to the notices that are required by Section 12.88.040, not later than thirty days prior to any public hearing on such conversion, the community development director shall mail to each tenant a postage prepaid letter and return card. Said letter and return postcards shall be supplied and addressed by the applicant and approved as to form and content by the director.
(Prior code § 27-5.4; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
Conversions of rental housing to community apartments and stock cooperatives, shall be subject to the same restrictions, conditions, and requirements, as conversions to condominiums.
(Prior code § 27-5.6; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021)
In the sale or offering for sale of any unit, share, or membership entitlement in any condominium, community apartments, or stock cooperative, there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, familial status, national origin, source of income, ancestry, or disability, nor shall the applicant or any person claiming under or through the applicant, establish or permit any such practice or practices of discrimination or segregation.
(Prior code § 27-5.8; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021)
Except as provided in this section, the provisions of this chapter do not apply to condominium, community apartment or stock cooperative projects as to real property which is not used or proposed to be used for residential purposes. Such nonresidential projects shall be subject to Chapter 12.112 and shall be subject to the provisions of Article II of this title, pertaining to subdivisions.
(Prior code § 27-5.9; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021)
All projects involving condominium conversions shall include the following information and documents with the application:
A. 
A statement regarding current ownership of all improvements and underlying land;
B. 
A detailed development plan for the project, showing the locations of all buildings and structure, utility facilities, landscaping, parking layout, access areas, and exterior elevations;
C. 
A condominium plan in accordance with Article II of this title;
D. 
A building history report, including the following:
1. 
The date of construction of all elements of the project,
2. 
A statement of the major uses of said project since construction,
3. 
The date and description of each major repair or renovation of any element since the date of construction,
4. 
The name and address of each present tenant of the project.
Failure to provide information required by subdivisions 1 through 4 of this subsection shall be accompanied by an affidavit or declaration setting forth in detail all efforts undertaken to discover such information and reasons said information cannot be obtained;
E. 
A property report describing the condition and useful life of the roof, foundations, paving, mechanical, electrical, plumbing, walls, floors, and structural elements of all existing buildings and structures. Said report shall also contain an evaluation of noise and energy insulation features of the building in comparison to current state regulations applicable to buildings and structures. Such report shall be presented by a licensed engineer. In addition, a statement of the condition of all appliances in each unit shall be submitted;
F. 
A structural pest control report prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code;
G. 
Evidence of Delivery of Required Notices.
1. 
Signed copies from each tenant acknowledging receipt of the Notice of Intent to Convert; or, for each tenant for whom a signed copy of the notice is not submitted, satisfactory evidence that the Notice of Intent to Convert was sent to each tenant in compliance with the legal requirements for service by mail and was sent by U.S. certified mail, return receipt requested,
2. 
Evidence that all tenants of the proposed condominium conversion have been, or will be, given all written notices required by this chapter and Section 66427.1 of the Map Act, or successor provision, and that such notices have, or will, comply with the legal requirements for service by mail. The form of all notices not yet provided to each tenants shall be provided by the applicant to the city;
H. 
An affordable housing plan as required by Chapter 12.230;
I. 
A Housing and Tenant Relocation Report. Such report shall be prepared by a qualified consultant. The consultant shall be selected at the discretion of the community development director. The cost of the report shall be borne by the applicant. The report shall contain the following information:
1. 
The number of multiple dwelling rental units which will remain in the city after the conversion,
2. 
The nature and type of relocation assistance proposed by the applicant, including financial assistance as required by Section 12.88.140, and the provision of assistance in locating replacement housing,
3. 
Vacancy information in rental units and the availability thereof:
a. 
Within San Mateo County in general, and
b. 
Within northern San Mateo County in particular, including territory within the cities of Daly City, Pacifica, South San Francisco, Brisbane, Colma, San Bruno, Millbrae, and Burlingame, and the adjacent unincorporated territory,
4. 
The proposed schedule of meetings which the applicant plans or proposes to hold with tenants to explain the application and its ramifications to the tenants,
5. 
The proposed phasing or timing schedule of conversion and sale of units,
6. 
Whether existing tenants will be given any discount from otherwise applicable sale prices,
7. 
Any plan for temporary displacement of tenants who purchase units,
8. 
A description of the demographic composition of the tenants, including information on age, persons per unit, persons over age sixty-two, number of permanently disabled persons, and tenure per unit.
(Prior code § 27-5.10; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
In determining whether to approve conversion projects the decision-making body shall make the following findings:
A. 
The condominium conversion conforms to all provisions of this chapter, including all development standards required by Section 12.88.090 and to the General Plan.
B. 
Prior to approval of the final map, the applicant shall provide, or make adequate provisions to provide, all notices required by this chapter and by the Subdivision Map Act.
C. 
The condominium conversion will not be detrimental to public health, safety, or welfare.
(Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
Except as otherwise required by law, in approving a project the following shall be required:
A. 
Minimum Parking Requirements. The project shall meet the minimum parking requirements for the applicable zoning district as provided in Chapter 12.100.
B. 
Access. All private streets, driveways and parking areas shall be improved and constructed with a structural design section in accordance with the standard specifications of the public works department of the city. They shall be designed and maintained to ensure access for municipal services to any dwelling unit therein.
C. 
Building and Zoning Regulations. To the extent feasible, the condominium conversion shall substantially comply with the city's building and housing codes and zoning regulations in effect on the date the application for conversion is accepted as complete. All modifications needed to meet current sound attenuation and energy conservation standards shall be completed.
D. 
Twenty-Four-Hour Management.
1. 
Projects with fifty-one or more units shall maintain a full time on-site management service with duties outlined in the organizational document.
2. 
Projects with fifty or less units which do not provide a full time on-site management service shall provide an on-site contact and secondary telephone number.
E. 
Fire Safety. Each living unit shall be provided with approved smoke and carbon monoxide detectors as required by the Building Code.
F. 
Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protection appliances shall be retained in operable condition at all times and shall comply with the current city standard.
G. 
Utility Metering. The consumption of gas, electricity, and water within each unit shall be separately metered, and there shall be separate circuit breakers and shutoff valves for each unit.
H. 
Laundry Facilities. A laundry area, including space and utility connections for a washer and dryer, shall be provided in each unit, or laundry facilities shall be provided in common laundry space. Common facilities shall consist of at least one washer and dryer for each ten units or fraction thereof.
I. 
Lighting. Energy-efficient lighting providing adequate light levels as acceptable to the police department shall be installed in all parking areas and adjacent to exterior walkways. All lighting fixtures shall be selected, installed, and oriented to prevent glare.
J. 
Warranty on Appliances. The applicant shall provide an all cost warranty for all unit appliances for a period of one year from the sale of each unit.
K. 
Association Documents. The declaration of covenants, conditions and restrictions, articles of incorporation, bylaws, and contracts for the maintenance, management, or operation of any part of the condominium conversion project shall be submitted to the city for review and approval prior to approval of the final map, to ensure that the documents comply with all required conditions of approval. In addition to the requirements of Civil Code Section 1355 and any requirements which might be imposed by the city consistent with these regulations, the organizational documents shall include provisions concerning the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities, utilities, and landscaping; a proposed annual operating budget containing a reserve fund to pay major anticipated maintenance, repair, or replacement expenses; and an estimate of initial annual homeowners dues. The declaration of covenants, conditions, and restrictions shall also contain the following specific provisions:
1. 
Vehicles may only be parked in designated parking areas.
2. 
A provision establishing the obligation and duty of the governing body of the homeowners association to continually maintain the common areas in a manner which, at a minimum, ensures compliance with this code, any conditions of approval, and all other applicable laws, regulations, and standards.
3. 
CC&R provisions required to comply with the city's conditions of approval may not be modified without the city's consent.
L. 
Refurbishing and Restoration. All structures, common areas, sidewalks, driveways, landscaped areas, and facilities, if defective or in poor condition, shall be refurbished and restored to a safe and usable condition, and as otherwise required by the decision-making body pursuant to the findings in the property report.
M. 
Right to Purchase. In conformance with Government Code Section 66427.1, the applicant shall provide each tenant with an exclusive right for a period of ninety days to contract for the purchase of the tenant's unit upon the same terms that the unit will initially be offered to the general public, or on more favorable terms.
N. 
Exceptions. No conversion project shall be denied for inability to meet requirements related to private or common open space. Other amenities or fees in lieu of such facilities may be substituted.
(Prior code § 27-5.11; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
Projects damaged or destroyed by fire, explosion, earthquake, or other acts, may be reconstructed in accordance with codes in effect at the time of such reconstruction and regulations of the district in which the project is located. Such building or buildings may be restored to a total floor area not exceeding that of the former building or buildings.
(Prior code § 27-5.12; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021)
Prior to the conveyance of any unit, the premises shall be inspected by a licensed civil engineer to ascertain that the structures are consistent with the public health and safety. Such inspection shall be performed at the expense of the applicant. Hazardous and unsafe conditions shall be alleviated and repaired prior to the conveyance of any unit, regardless of whether the condition may have complied with the provisions of this code at the time of original construction. The project must meet, at a minimum, the standards of this code as were in effect as of the date of construction of the structure within the project.
(Prior code § 27-5.16; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021)
The applicant shall provide the following assistance to tenants who are entitled to the right set forth in Section 12.88.140 but do not elect to purchase their unit:
A. 
Relocation assistance by an agency, provided by the applicant, to find comparable housing in the same area;
B. 
A monetary relocation assistance equal to a minimum of four months rental, apportioned among the number of tenants in each unit. In addition, all security and cleaning deposits shall be refunded.
(Prior code § 27-5.19; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021)
A. 
The applicant shall provide a five-year right of occupancy to tenants who are permanently disabled or over age sixty-two if such tenants occupied their units at the time of submittal of the application for the conversion and continued to occupy the units when all necessary city and state approvals for the project have been obtained. The right of occupancy shall continue only for so long as the tenants are able to reside on the premises during such five-year period.
B. 
No applicant shall cause the eviction of a permanently disabled or senior citizen tenant to avoid granting such person the right of occupancy provided herein.
(Prior code § 27-5.20; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021)
A. 
No increase in rent to persons who were tenants at the time of submittal of the application to the planning department shall take effect for the period between the date of filing of the application for the conversion and the first of the following dates:
1. 
The date of expiration of the use permit without extension;
2. 
The date the use permit is revoked; or
3. 
As provided in subsections B through E of this section.
This section shall not preclude a specific increase in rent which was scheduled to occur pursuant to a lease or rental agreement executed prior to the date of filing of the application.
B. 
The rent to permanently disabled and senior citizens entitled to the right of occupancy pursuant to Section 12.88.030 shall not be increased for such occupancy period beyond the rate permitted in subsection D of this section.
C. 
The rent to persons who were tenants at the time of submittal of the application and continued to occupy their units when all necessary city and state approvals for the project were obtained, and to whom subsection B of this section does not apply, shall not be increased beyond the rate permitted in subsection D of this section for a period of two years after approval of the project by the city, or until not less than eighty percent of the units have been sold, whichever first occurs.
D. 
The rate of rental increase permitted under subsections B and C of this section shall be the ratio of the residential rent component of the "Bay Area Consumer Price Index, Department of Labor" on the effective date of the proposed rent increase, to such component on the date of submittal of the application to the city.
E. 
In the event of a proposed increase in the rent, the applicant shall submit to the community development director a statement describing the proposed increase and its relation to the rental rate at the time of filing the application for conversion and the relation of the proposed increase to the residential rate component of the Bay Area consumer price index.
(Prior code § 27-5.21; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A. 
For any project involving more than twenty units, the decision-making body may require that the sale of condominium, stock cooperative, or community apartment units or interests be phased or limited to a specified number of units or interests within the specified time periods. Such phasing or timing shall be based upon the ability of the applicant to implement tenant relocation programs, as specified in the housing and tenant relocation impact report and shall consider phasing proposals or programs proposed by the applicant.
B. 
No phasing or timing program shall require the sale of any unit or interest to be deferred more than two years from the date of approval of the application.
(Prior code § 27-5.22; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)