This article establishes regulations for the conversion of existing residential rental units to residential condominiums. The provisions of this article are intended to protect and preserve the public health, safety and general welfare and to promote orderly growth and development, and more specifically to ensure that:
(a) 
Residential condominium conversion projects are consistent with the Housing Element of the General Plan and State law;
(b) 
Converted dwellings meet certain safety, quality and appearance standards;
(c) 
Purchasers of converted dwelling units are fully informed as to the physical condition of the structure and facilities;
(d) 
Tenants are provided with notice of the conversion, relocation benefits and the opportunity to purchase the residential units being converted; and
(e) 
The City maintains a supply of affordable housing.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The provisions of this article implement and supplement the requirements of the Subdivision Map Act applicable to condominium conversions. Such condominium conversions may include, but are not limited to, any of the following: (a) a community apartment project, (b) a condominium project or (c) a stock cooperative as defined by State law. The provisions apply to either:
(a) 
Any proposed tentative map or parcel map that involves a change in ownership of a single structure or a group of structures used for residential dwelling units from individual ownership to an ownership in which the residential units may be sold separately.
(b) 
The sale of dwelling units in a residential development that has an approved condominium map but that has previously been operated as a rental project.
(Sec. 9 (part), Ord. 15-009, eff. Dec. 3, 2015; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The application submittal requirements for condominium conversions shall follow the requirements and procedures set forth in this chapter for tentative maps, parcel maps, or parcel map waivers, as the case may be. In addition, the application submittal shall include:
(a) 
Floor plans for all buildings on the subject site.
(b) 
A site plan that includes, but is not limited to, lot lines, property dimensions, streets, easements, setbacks, parking, and location of all structures.
(c) 
Building elevation drawings that include, but are not limited to, materials, details and features for all building sides.
(d) 
A landscape plan that includes, but is not limited to, trees, shrubs, lawn and ground cover, paving, hardscape and site furnishings.
(e) 
The substandard housing evaluation required by Section 9-6.705(a)(5)(c).
(f) 
The housing inspection report and disclosure of any deficiencies required by Section 9-6.705(a)(6).
(g) 
Proof that each tenant has received written notification, as required by Section 9-6.706.
(h) 
A draft of the proposed declaration of covenants, conditions and restrictions for the condominium units, including, but not limited to:
(1) 
Conveyance of units.
(2) 
Assignment of parking.
(3) 
Agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for such maintenance.
(4) 
Description of a provision for maintenance of all vehicular access areas within the project.
(5) 
Assignment of appropriate responsibilities for maintenance of all utility lines and services for each unit.
(6) 
Plan for equitable sharing of communal water and gas metering.
(Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
A condominium conversion application shall be processed as major subdivision, minor subdivision, or parcel map waiver, whichever applies, subject to the provisions of the Subdivision Map Act and this chapter.
(b) 
Condominium conversion projects shall be subject to design review pursuant to Article 4 of Chapter 7 if changes to building elevations are proposed, buildings and structures are in need of renovation and/or rehabilitation, and/or a significant amount of new landscaping is proposed or required.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Building and Fire Code Related Improvements. Prior to recordation of the condominium conversion, the following improvements shall be completed to the satisfaction of the Director:
(1) 
Electrical. Separate grounded electrical meters and panels must be provided to serve each condominium unit and common areas. The electrical upgrade work must be done by a State of California licensed electrical contractor.
(2) 
Fire-Related.
a. 
Existing fire sprinkler systems must be certified by a licensed fire sprinkler contractor to meet the appropriate codes in effect at the time of the conversion. Proper tags and certificates must be affixed to the system riser, as required.
b. 
Eliminate all openings located within the restricted yard setback zones or provide special sprinkler protection for openings located within the restricted yard setback zones.
c. 
All existing gas services shall be equipped with approved excess flow valves (EFV).
d. 
Provide smoke detectors and carbon monoxide detectors in accordance with the California Building Code.
(3) 
Health-Related.
a. 
Existing toilets are required to be upgraded to comply with the requirements of Section No. 503.1 (privacy) of the International Property Maintenance Code.
b. 
Existing cooking facilities are required to be upgraded to comply with the requirements of Section No. 502.1 of the International Property Maintenance Code.
c. 
All units must be provided with heating facilities that comply with the Building Code currently in effect.
d. 
Hot water shall be available in all condominium units.
e. 
All gas-fired hot water heaters and forced air units shall comply with the venting requirements of the Building Code currently in effect.
(4) 
Security-Related.
a. 
Applicants will be required to upgrade entry doors and screen doors. Key opening hardware on the inside of doors is prohibited.
b. 
Substandard security grills are required to be upgraded to comply with the requirements of the Emeryville Municipal Code.
c. 
Handrails and guardrails are required to be upgraded to comply with the requirements of the Building Code currently in effect.
(5) 
Miscellaneous.
a. 
Partial seismic retrofits of buildings are required to meet selected provisions of the current Building Code for earthquake resistance. These items include the following:
i. 
Brick foundations are required to be replaced with current code complying foundations.
ii. 
Cripple walls are required to be braced to meet current code requirements.
iii. 
Foundation sill plates are required to be bolted down to the foundations to meet current code provisions.
b. 
Basements in dwelling units and every sleeping room below the fourth story shall have at least one (1) operable window or door approved for emergency escape or rescue. Windows provided for emergency escape or rescue shall comply with minimum sill height and opening size requirements in the current Building Code.
c. 
Applicants will be required to perform a substandard housing evaluation in accordance with the International Property Maintenance Code. Applicant will be required to repair and/or upgrade all items identified in the substandard housing report.
(6) 
Disclosure Items.
a. 
Applicant shall submit a housing inspection report, prepared by an independent third party qualified to perform such inspections, to the Planning and Building Department. Applicant shall disclose the housing inspection report to prospective purchasers of the condominiums.
b. 
Applicant shall not be required to upgrade the dimensions of existing rooms to comply with current Building Codes. Applicant shall be required to disclose any deficiencies to prospective purchasers of the condominiums.
c. 
Applicant is not required to upgrade existing habitable spaces for natural light and natural ventilation (doors and windows). Any rooms with deficient light and ventilation shall not be used for sleeping purposes. Applicant is required to disclose these items and restrictions to prospective purchasers of the condominiums.
(b) 
Design and Landscaping Upgrades. The Director or Planning Commission, as the case may be, may impose design and aesthetic requirements to improve the appearance and functionality of the site and structures. These may include but are not limited to: providing enclosed trash and recycling areas, concealing utility meter and other utility apparatus from public view, removal of front yard pavement and replacement with landscaping, replacement of solid driveways with wheel strips and landscaping, replacement of or upgrades to landscaping, new exterior paint, replacement of window frames, and/or restoration of architectural features to the original style if appropriate.
(c) 
Public Improvements. The Director or Planning Commission, as the case may be, may require upgrade of existing public curbs, gutters, sidewalks, and driveways adjacent to the project site to improve the condition of the sidewalk and to conform to current disabled access requirements, and may require new landscaping, including street trees, in the public right-of-way as deemed necessary by the City Engineer.
(d) 
Affordable Housing. All condominium conversion projects that contain ten (10) or more units shall comply with the requirements for new ownership residential projects of the Affordable Housing Program in Article 4 of Chapter 5.
(e) 
Deviation from Standards. The Director or Planning Commission, as the case may be, may permit deviation from any standards above if the applicant can demonstrate the standard cannot or should not be reasonably met.
(Sec. 9 (part), Ord. 15-009, eff. Dec. 3, 2015; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Tenant Notification. The applicant shall comply with the requirements of California Government Code Section 66427.1 (as it may be amended from time to time), including but not limited to:
(1) 
Each tenant shall be given written notice of the intention to convert at least sixty (60) days prior to the filing of a tentative map or parcel map. Applicant shall provide proof of such notification to the Director as part of the application for condominium conversion.
(2) 
Each tenant shall be given ten (10) days' advance written notice that an application for a public report will be submitted to the Department of Real Estate and that the tenant may receive a copy of the report upon request.
(3) 
Each tenant shall be given written notice of approval of a final map for the proposed conversion within ten (10) days of the approval.
(4) 
Each tenant shall be given one hundred eighty (180) days' advance written notice of the termination of the tenancy due to the conversion or proposed conversion.
(5) 
Each tenant shall be given notice of their exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or on terms more favorable to the tenant. The exclusive right to contract shall run for a period not less than ninety (90) days from the date of issuance of the public report pursuant to California Business and Professions Code Section 11018.2, unless the tenant gives prior written notice of the intention not to exercise the right of exclusive offer.
(b) 
Additional Tenant Rights. In addition to the requirements of California Government Code Section 66427.1, the following requirements must be met:
(1) 
No rent increase shall be permitted during the one hundred eighty (180) day notice period of termination of the tenancy due to the conversion or proposed conversion.
(2) 
Tenants may terminate their lease or rental agreement during this one hundred eighty (180) day period without penalty at any time.
(c) 
Tenant Relocation Assistance.
(1) 
At least sixty (60) days prior to the date of termination of the tenancy, applicant shall provide to each tenant, at no cost, a reasonably complete and current list of vacant and available rental units within a two (2) mile radius of the project site, which units are comparable in size and amenities to the unit occupied by the tenant. The applicant shall also submit a copy of this list to the Director.
(2) 
The applicant shall provide a relocation assistance payment to each tenant of the project, limited to one (1) assistance payment per unit. The relocation payment shall be three (3) months' rent based on the current Alameda County "fair market rent" for comparable apartment size, as established by the U.S. Department of Housing and Urban Development or three (3) months of the current rent paid by the tenants, whichever is larger. The assistance is due to the tenant on the date the tenant vacates the unit, or sooner if agreed upon in writing by the parties. The rental assistance does not include the first or last month's rent or cleaning or security deposit. Written notice of the tenant's right to a relocation assistance payment shall be included in the notice of termination of the tenancy.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
To approve a tentative map, parcel map, or parcel map waiver for a condominium conversion project, the following findings must be made in addition to the findings required by Article 2 or Article 3 of this chapter:
(a) 
The proposed conversion will not have an adverse effect on the diversity of housing types available in the City.
(b) 
The amount and impact of the displacement of tenants will not have a detrimental effect on the health, safety or general welfare of the community.
(c) 
All requirements of this article pertaining to tenants' rights have been or will be met.
(d) 
All requirements of this article pertaining to development standards have been or will be met unless deviations are approved.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Parcel Map or Parcel Map Waiver. If a parcel map or parcel map waiver is required for a condominium conversion project, the Director's decision may be appealed to the Planning Commission in accordance with the appeal procedures in Article 14 of Chapter 7.
(b) 
Tentative Map. If a tentative map is required for a condominium conversion project, the Planning Commission's decision may be appealed to the City Council in accordance with the appeal procedures in Article 14 of Chapter 7.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)