A large number of apartments and multiple family rental dwellings
throughout the State have been and are in the process of being converted
to condominiums and community apartment projects. Applications have
been made for conversions of apartments to condominiums within the
City. It is anticipated that requests for conversions of apartments
to condominiums or community apartment projects within the City will
increase in the immediate future. Such increase presents a threat
to the welfare of the residents of the City in the following aspects:
(a)
If
condominium conversions or community apartment projects are allowed
in the City without regulation, a substantial decrease in the amount
of R-2 and R-3 housing will occur primarily to the detriment of young
families and the elderly.
(b)
Because
of the different nature of condominiums and apartments, new or different
requirements and standards may be required for construction, parking,
parcel maps, and notices to tenants, among other things.
(c)
The
City seeks to avoid the unique problems that beset condominium conversion
projects, and it further seeks to provide and insure a reasonable
balance of rental and ownership housing in the City and a variety
of individual choices of tenure, type, price, and location of housing
and to maintain a supply of rental housing for low and moderate income
persons and families.
(d)
It
is the intent of the Council of the City, for the purposes of this
chapter, to treat condominium and community apartment projects differently
from apartments (and similar rental structures) due to the different
demands these projects place upon the City and due to the differing
purposes, functions, and expectations served by these types of projects.
(Part 1, Ord. 570, eff. February 22, 1979)
The Planning Commission shall not approve a tentative map for
a subdivision to be created for the conversion of residential real
property into a condominium project, community apartment, or stock
cooperative project, unless the Planning Commission finds all of the
following:
(a)
Each
of the tenants of the proposed condominium, community apartment, or
stock cooperative project has received written notification of intention
to convert at least 60 days prior to the filing of a tentative map.
There shall be a further finding that each such tenant, and each person
applying for the rental of a unit in such residential real property,
has, or will have, received all applicable notices of rights required
by this chapter.
(b)
Each
tenant shall receive 10 days' written notification that an application
for a public report will be, or has been, submitted to the Planning
Department and that such report will be available upon request. The
written notices to tenants required by this subsection shall be deemed
satisfied if such notices comply with the legal requirements for service
by mail.
(c)
Each
of the tenants of the proposed condominium, community apartment, or
stock cooperative project has been, or will be, given written notification
within 10 days after the approval of a final map for the proposed
conversion.
(d)
Each
of the tenants of the proposed condominium, community apartment, or
stock cooperative project has been, or will be, given 180 days' written
notice of intention to convert prior to the termination of tenancy
due to the conversion or proposed conversion. The provisions of this
chapter shall not alter or abridge the rights or obligations of the
parties in the performance of their covenants, including, but not
limited to, the provision of services or the payment of rent.
(e)
Each of the tenants of the proposed condominium, community apartment, or stock cooperative project has been, or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days after the issuance of the subdivision public report referred to in subsection (b) of this section.
(f)
This
section shall not diminish, limit, or expand, other than as provided
in this section, the authority of the Planning Commission or the Council
to approve or disapprove condominium projects.
(§ 1, Ord. 630, eff. July 11, 1985)
(a)
Commencing at a date not less than 60 days prior to the filing of a tentative map pursuant to Title 10, Chapter 5 (Condominium Conversions), the applicant or his agent shall give notice of such filing, in the form set forth in subsection (b) of this section, to each person applying after such date for the rental of a unit of the subject property immediately prior to the acceptance of any rent or deposit from the prospective tenant by the applicant.
(b)
Such
notice shall be given by publication once in a newspaper of general
circulation published and circulated within the City.
(c)
Such
notice shall also be given by United States mail to each tenant of
the subject property and, in addition to notice of the time and place
of the public hearing, shall include notification of the tenant's
right to appear and to be heard.
(d)
Such
notice to tenants shall be given by the Planning Department and shall
be deemed satisfied if the notice complies with the legal requirements
for service by mail.
(e)
In
addition to notice by publication, the City may collect fees from
the applicant for the publication and postage expenses incurred under
this section.
(§ 1, Ord. 630, eff. July 11, 1985)
Any report or recommendation on a tentative map by the staff
of the Planning Department to the Planning Commission shall be in
writing, and a copy thereof shall be served on the applicant and on
each tenant of the subject property at least three days prior to any
hearing or action on such project.
(§ 1, Ord. 630, eff. July 11, 1985)
(a)
Commencing at a date not less than 60 days prior to the filing of a tentative map pursuant to Title 10, Chapter 5 (Condominium Conversions), the applicant or his or her agent shall give notice of such filing, in the form set forth in subsection (b) of this section, to each person applying after such date for the rental of a unit of the subject property immediately prior to the acceptance of any rent or deposit from the prospective tenant by the applicant.
(b)
The
notice shall be as follows:
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To the prospective occupant(s) of: ________________________________
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The owner(s) of this building, at (address), has filed or plans to file a tentative map with the City of Ojai to convert this building to a (condominium, community apartment, or stock cooperative project). No units may be sold in this building unless the conversion is approved by the City and until a public report is issued by the Department of Real Estate. If you become a tenant of this building, you shall be given notice of each hearing for which notice is required by Title 10, Chapter 5 (Condominium Conversions), and you have the right to appear and the right to be heard at any such hearing.
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_________________________________
(Signature of owner/owner's agent)
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_______________
(Date)
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I have received this notice on __________________________________
(Date)
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_________________________________
(Prospective tenant's signature)
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(c)
Failure by an applicant or his or her agent to give the notice required by subsection (a) of this section shall not be grounds to deny the conversion. However, if the applicant or his or her agent fails to give notice pursuant to this section, he or she shall pay to each prospective tenant who becomes a tenant, and who was entitled to such notice, and who does not purchase his or her unit pursuant to Section 10-5.102 (Intent to convert), subsection (e) an amount equal to the sum of the following:
(§ 1, Ord. 630, eff. July 11, 1985, as amended by § 145, Ord.
941, eff. November 10, 2023)
(a)
The applicant shall give notice 60 days prior to the filing of a tentative map pursuant to this chapter in the form set forth in subsection (b) of this section to each tenant of the subject property.
(b)
The
notice shall be as follows:
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To the occupant(s) of: _____________________________________
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The owner(s) of this building, at (address), plans to file a tentative map with the City of Ojai to convert this building to a (condominium, community apartment, or stock cooperative project). You shall be given notice of each hearing for which notice is required pursuant to Chapter 5 of Title 10 of the Ojai Municipal Code, and you have the right to appear and the right to be heard at any such hearing.
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_________________________________
(Signature of owner/owner's agent)
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_______________
(Date)
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(c)
The
written notice to tenants required by this section shall be deemed
satisfied if such notice complies with the legal requirements for
service by mail.
(§ 1, Ord. 630, eff. July 11, 1985, as amended by § 145, Ord.
941, eff. November 10, 2023)
(a)
Prior
to the acceptance of any rent or deposit from a prospective tenant,
the following notice shall be provided:
(b)
The
notice shall be as follows:
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To the prospective occupant(s) of: ______________________________
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The owner(s) of this building at (address) has received approval
of a tentative map from the City of Ojai to convert this building
to a (condominium, community apartment, or stock cooperative project)
no sooner than __________ (date). You will be notified at least 180
days prior to the actual conversion. Further, if you still reside
in your unit, you will be given an exclusive right to purchase your
unit.
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_________________________________
(Signature of owner/owner's agent)
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_______________
(Date)
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I have received this notice on __________________________________
(Date)
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_________________________________
(Prospective tenant's signature)
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(§ 1, Ord. 630, eff. July 11, 1985)
