All condominium conversion projects shall be subject to all applicable provisions of the Subdivision Map Act (California Government Code Title 7, Division 2), Title 9 (Building Regulations), and Title 10, Chapter 3 (Subdivision Regulations).
(Part 1, Ord. 570, eff. February 22, 1979, as amended by § 147, Ord. 941, eff. November 10, 2023)
In addition to such other applications as the Planning Commission considers necessary and those requirements set forth in Section 10-5.301 (R-P-D, tract map, and Building Code requirements) of this article, no application for a condominium conversion project shall be accepted for any purpose, unless the application includes all of those matters adopted and required from time to time by resolution of the Council.
(Part 1, Ord. 570, eff. February 22, 1979, as amended by § 148, Ord. 941, eff. November 10, 2023)
See Sections 10-5.102 (Intent to convert), 10-5.103 (Public hearings: Notices), 10-5.104 (Filing staff reports), 10-5.105 (Notices of proposed conversions to prospective tenants), 10-5.106 (Notices of proposed conversions to occupants), and 10-5.107 (Required notice of conversions).
(Part 1, Ord. 570, eff. February 22, 1979, as amended by § 1, Ord. 630, eff. July 11, 1985, and § 149, Ord. 941, eff. November 10, 2023)
In addition to the other requirements required by this article,
the zoning provisions, and the Subdivision Map Act, the Planning Commission
shall make the following affirmative findings prior to the approval
of any condominium conversion project:
(a)
That
the proposed condominium conversion project will not, either of itself,
or when considered in conjunction with the trend toward condominium
conversions in the community, result in:
(1)
A major displacement of tenants;
(2)
A scarcity of rental units which would preclude the reasonable mobility
of tenants and tend to increase rental costs; or
(3)
The diminishment of Master Plan concepts and objectives which encourage
open occupancy and promote low and moderate income housing; and
(b)
That
a survey by an independent and competent firm reveals that 50% or
more of the existing apartment tenants have not protested in writing
to the City regarding the proposed conversion.
(Part 1, Ord. 570, eff. February 22, 1979, as amended by § 1, Ord. 630, eff. July 11, 1985)
Unless specifically waived by the Planning Commission, the permit
for the condominium conversion project shall be subject to all of
the following conditions, which conditions shall be in addition to
such other conditions considered necessary by the Planning Commission
to carry out the purposes and requirements of this article:
(a)
The
condominium conversion project, and all individual units and common
areas contained therein, shall comply with all the existing zoning
and subdivision requirements, regardless of any previously approved
variance therefrom; provided, however, when minor variations from
Code requirements exist with respect to the conversion of an existing
structure to a condominium, and full compliance with the Code requirements
presents practical difficulties or will result in extreme hardship,
the Planning Commission may waive the literal compliance as to such
minor variations and may approve the project upon finding that it
generally conforms with the spirit and purpose of the provisions of
this article and other Code requirements.
(b)
The
consumption of gas, electricity, and water within each dwelling unit
shall be separately metered so that the unit owner can be separately
billed for each utility. A shutoff valve for each utility shall be
provided for each unit. The requirements of this subsection may be
waived where the Building Official finds that such would not be practicable.
(c)
All
permanent mechanical equipment, including domestic appliances, which
is determined by the 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 Building
Official to lessen the transmission of vibration and noise.
(d)
The
electrical, plumbing, mechanical, fire, and life safety systems of
the structures either are, or shall be placed, in a condition of good
repair and maintenance, including such alterations or repairs as are
required by the Building Official.
(e)
Separate
laundry facilities of sufficient size to allow for the installation
of a clothes washer and dryer shall be provided for each condominium
unit; if provided in the garage, they shall not encroach into the
required parking area.
(f)
Each
condominium unit shall be provided with a separate two car (double)
garage or carport or with two adjoining single car garages or carports,
and one parking space per unit shall be provided for guest parking.
Provisions shall be made for the restriction of parking in no parking
zones.
(g)
Each
dwelling unit shall have a separate hot water heater, unless there
is one central circulating water heating system serving all dwelling
units on the property, and such system shall provide sufficient capacity
to serve all dwelling units.
(h)
All
on-site and adjacent overhead utility service lines and poles shall
be converted to an underground system.
(i)
At
least 50 square feet of developed common recreation space, exclusive
of setbacks and parking areas, shall be provided per unit, but in
no event less than 1,000 square feet for the total condominium conversion
project.
(j)
All
garbage disposals, dishwashers, water heaters, ranges, ovens, and
air-conditioners determined by the Building Official to have less
than two years useful remaining life shall be replaced.
(k)
All
dwelling units shall comply with the current requirements for energy
conservation, sound transmission control, and fire detection systems.
(l)
All
walls shall meet the construction and soundproofing requirements established
by the City.
(m)
A
report on the physical condition of the planned conversion and estimated
owner payments per unit for capital improvements, repairs, and maintenance
for both the common area and the individual units shall be given by
the applicant to potential purchasers. The report shall be based on
a structural analysis which describes the condition of the following
major physical elements of the project: foundations, walls and roofs,
mechanical equipment, recreation facilities, parking facilities, and
any appliance.
(1)
The report shall estimate, to the best knowledge of the applicant,
the approximate date when each element will require replacement. In
addition, the applicant's report shall estimate the ongoing maintenance
and repair costs to the buyer of the common area, the cost of utility
payments which will be billed to the buyer as an individual, and other
costs necessary for normal occupancy.
(2)
Such report requirement is expressly intended to realistically apprise
a potential buyer of the costs he may reasonably anticipate with respect
to the purchase and maintenance of a unit in a community ownership
project.
(o)
(Reserved)
(p)
A
structural pest report shall be completed, and a copy of such report
shall be provided to the City.
(q)
A
maintenance plan shall be provided which includes a statement regarding
the long term management of common property, a declaration of the
proposed covenants, conditions, and restrictions, and the proposed
legal documents and financial arrangements of the management association.
(r)
The
applicant shall provide a one-year warranty on any community held
appliances, including, but not limited to, laundry machines, and a
five year warranty against structural deficiencies of the buildings
and other property, including, but not limited to, commonly owned
recreation rooms and swimming pools.
(Part 1, Ord. 570, eff. February 22, 1979, as amended by § 1, Ord. 630, eff. July 11, 1985)
An applicant or other person aggrieved by any action of the Planning Commission under this chapter may appeal such action to the Council by filing a notice of appeal with the City Clerk within 10 days after the date of the decision of the Planning Commission. Such appeal, except where inconsistent with the provisions of this section, shall be controlled by the provisions of Section 10-2.3002 (Appeals), subsection (d)(5).
(§ 1, Ord. 630, eff. July 11, 1985, as amended by § 19, Ord.
708, eff. April 27, 1995, and § 150, Ord. 941, eff. November 10, 2023)
