[Ord. 1513, 9-19-2007]
(A) 
The purpose and intent of this chapter is to establish development standards and special conditions for the protection of the community and purchasers or renters of converted residential and mixed-use zoned real property proposed for subdivision, and shall not include mobile home parks.
(B) 
The city seeks to avoid the unique problems that beset conversion of apartment and residential rental projects and it further seeks to provide and ensure 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 all economic segments of the population.
[Ord. 1513, 9-19-2007]
All residential and mixed-use residential real property projects converting from rental to a form of individual ownership of units or spaces, and rental projects not yet built for which a permit for building has been issued, shall be reviewed for conformance with the provisions of this code under the city's conditional use permit procedure, subject to the requirements of this chapter, in addition to any and all requirements for preparation, review, and approval of a subdivision map, pursuant to Chapter 156 (Subdivisions Regulations) and the Subdivision Map Act.
[Ord. 1513, 9-19-2007]
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMON AREA
An entire condominium project excluding all units therein.
COMMUNITY APARTMENT PROJECT
A project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.
CONDOMINIUM
An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space or units in a building on such real property, such as a residence, apartment, or apartment house. A condominium may include, in addition, a separate interest in other portions of such real property and is more particularly defined in Cal. Civ. Code § 783.
CONDOMINIUM CONVERSION PROJECT
The conversion to subdivision of a single ownership parcel of existing improved real property, including but not limited to a structure containing two or more dwelling units, into a form of ownership for residential purposes involving the right of exclusive occupancy or separate ownership of individual units, including but not limited to stock cooperatives and cooperative and community apartments pursuant to state law.
DEVELOPER
The owner or subdivider with a controlled proprietary interest in the proposed condominium.
PROJECT
As used in this chapter, refers to a condominium conversion project.
RECREATIONAL OPEN SPACE
An undivided interest in common in open space on the project (exclusive of the required front setback area and any area fenced for the use of an individual unit) which shall be used exclusively for leisure and recreational purposes, for the use occupants and their visitors of units of the project and to which such occupants and their visitors shall have the right of use and enjoyment. Accessory structures such as swimming pools, recreational buildings, and landscaped areas are examples of uses of recreational open space.
TENANT
A person, who rents, leases or subleases, through either a written or oral agreement, real property from another.
UNIT
Unit is the element of a condominium conversion project which is not owned in common with the other owners of the project.
[Ord. 1513, 9-19-2007]
(A) 
Conditional use permit and subdivision regulations. Condominium conversions may be approved in the city pursuant to the procedures for a conditional use permit and applicable subdivision regulations as set forth in this code.
(B) 
Application requirements. In addition to such other application requirement as the Community Development Director may deem necessary, no application for a project shall be accepted for any purpose unless the application includes the following:
(1) 
Sufficient copies of plans illustrating the following details shown to scale:
(a) 
Site plan illustrating the location of buildings, parking areas, circulation system, recreational facilities, open space, patios, and the like;
(b) 
Floor plans for each unit type;
(c) 
Fully dimensional elevation plans of the structures, showing the architectural features and types and materials of construction;
(d) 
Landscaping and irrigation plans illustrating the existing system and any proposed modifications and a statement specifying the manner by which landscape areas shall be maintained;
(e) 
The location, structural section, and type of surfacing for all driveways, pedestrian ways, vehicle parking areas, curb cuts and storage areas;
(f) 
The location, height, and type of materials for exterior walls or fences;
(g) 
The location and description of all recreational facilities and a statement specifying the method of the maintenance thereof;
(h) 
The location, size, and number of parking spaces to be used in conjunction with each condominium unit for residents and guests;
(i) 
The location, type and size of all drainage pipes and retention basins;
(j) 
The location, type and size of all on-site and adjacent overhead and underground utility lines.
(2) 
Three copies of the proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) which will apply to the proposed project, which shall include:
(a) 
Provisions for the maintenance of the common areas exterior of all structures and walls, including roads, recreational amenities and landscaping. Common areas items, including, but not limited to, the roof, plumbing, heating, air-conditioning, and electrical systems shall be maintained by the developer in good condition until one year elapses from the date of the sale of the last individual unit is sold;
(b) 
A statement that the city has the right, but not the duty to enforce said CC&Rs in the event of default in the maintenance of such areas by individual owners of the units, and that costs, including attorney fee's incurred thereby shall be reimbursed to the city;
(c) 
Provisions establishing each individual unit owner's exclusive right to the use of designated parking spaces for each unit;
(d) 
Provisions for separate storage area, if any, for each unit for inside and outside storage of recreational vehicles consisting of boats, trailers, and the like, and any other materials.
(e) 
Provisions for dedication of land or establishment of easements for street widening or other public purpose.
(3) 
Tenants have received a tenant's notice of intent to convert pursuant to the provisions of Cal. Gov’t Code § 66427.1 (Subdivision Map Act) prior to filling a notice of pending application to convert with the Community Development Department. Such notice shall be given by the applicant, and shall contain information as to tenant's rights under state and local regulations.
(4) 
Written notices shall be mailed to all tenants at least five days prior to the submission of the application {'{'}Cal. Gov’t Code § 66427.1(c){'}'} to the Community Development Department. The applicant shall provide the Department with affidavits or declarations under penalty of perjury of said notices at the time of the application. All tenants occupying the project subsequent this initial notice shall be notified in writing of the pending conversion prior to occupancy.
(5) 
A list prepared under declaration of penalty of perjury by the developer, including but not limited to the names and addresses of all tenants residing in the project proposed to be converted at the time the application is filed, including but not limited to, commencement and expiration dates of the leases of said tenants and total number of project occupants.
(6) 
Sales information. Anticipated terms of sale prices of individual dwelling units based on information known at the time of application; anticipated terms of sale to existing tenants; and a statement as to whether sales will be permitted to families with minor children.
(7) 
A pest control report issued no more than three months from the date of the filling of the application, to be provided to, and reviewed by, the building official. The report shall include, but not be limited to termites, rodents and general pests.
(8) 
A building elements report describing in detail the condition and useful life of the electrical, plumbing, and structural elements of all existing buildings and structures including foundation. Such report shall be prepared by a registered civil or structural engineer, licensed contractor, or licensed architect for the applicable portion of the report.
(9) 
A descriptive report containing acoustical test data which indicates the noise attenuation characteristics of existing party walls, floors and ceilings including but not limited to a sampling of at least 10% of the dwelling units involved, but in no case fewer than two dwelling units. Such report shall be compiled by a qualified person experienced in the field of acoustical testing and engineering as determined by the Community Development Director or designee. Report shall provide comparative analysis of the test data as it relates to state and local attenuation requirements.
(10) 
A report by a qualified marketing survey research firm submitted for review by the Community Development Department and Planning Commission pertaining to the vacancy factor of the rental housing units in the city.
(11) 
The Planning Commission shall evaluate the adequacy of interior amenities that may include floor and surface materials, kitchen cabinets, and the like, during the conditional use permit approval process.
(12) 
A minimum of 10% of the units to be converted to ownership units shall be reserved for low to moderate income individuals or families.
[Ord. 1513, 9-19-2007]
(A) 
Development requirements. Except as otherwise provided by law, in approving or conditionally approving any project, the following conditions shall be met:
(1) 
Parking. Off-street parking shall be provided at a ratio of 1.5 spaces for each dwelling unit with 50% of the total required parking spaces under carports or garages (covered). In addition, one off-street guest parking space shall be provided for every five units. All other parking requirement shall be provided pursuant to the Unified Development Code.
(2) 
Private open space. An outdoor private area shall be provided contiguous with each residential ground level unit.
(3) 
Recreational open space. Recreational facilities or recreational open space shall be reviewed for its adequacy for the project.
(4) 
All permanent equipment, including domestic appliances, which are determined by the Building Official to be a potential source of vibration or noise, shall be installed or modified as approved by the City Building Official to lessen the transmission of vibration and noise.
(5) 
Utilities.
(a) 
A shut-off for each utility shall be provided.
(b) 
The consumption of gas, electricity, and Cable T.V. within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility except that upon determination of the Building Official that such separate metering valve would not be practicable at the time of the conditional use permit approval, the Building Official may approve an equivalent alternative metering system.
(c) 
The consumption of water shall either be by master meter or separate meters and shall be determined by the City Engineer. All additional water connection fees shall be payable prior to approval of the condominium final map.
(d) 
Sewer facilities shall be converted subject to the requirements of the California Building and Plumbing Codes and shall connect to the sewer system by a manhole connection at the front property line. All additional sewer connection fees shall be payable prior to city approval of the condominium final map.
(e) 
All systems of the structures, including but not limited to structural, electrical, plumbing, mechanical, fire and life safety shall comply with all applicable statues, ordinances, rules and regulations.
(f) 
A separate irrigation meter for common areas will be required.
(g) 
Back flow devices and fire sprinklers may be required if the existing structure is three or more stories.
(6) 
Each dwelling unit shall have a separate 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. The Building Official shall determine that said heating system is adequate.
(7) 
Each unit shall be separated from adjacent units by two one-hour fire walls or an approved automatic fire sprinkler system as approved by the Fire Chief and Building Official. Alternative methods which achieve a two-hour equivalency rating may be considered if approved by the Fire Chief and Building Official.
(8) 
All dwelling units shall comply with current statues, ordinances, rules and regulations for energy conservation, sound transmission, control and fire detection systems that apply to all new residential construction except that the Building Official may approve an alternative material, method of construction or work provided it is determined and found that such alternative material, method of construction or work offered is at least equivalent to the prescribed by the applicable statues, ordinances, rules and regulations in quality, strength, effectiveness, fire resistance, durability or safety.
(9) 
The developer shall provide to each purchaser of a unit certification of insurance, guaranty or warranty covering the operation, appliances and usability of all elements of the building, including but not limited to the structural, mechanical, electrical, plumbing, roofing elements and approval for period of not less than one year from the date of final building permits approval and shall declare under penalty of perjury that such certificate has been so provided.
(10) 
Residential and/or common structures shall have plumbing in sound condition, insulation of all water heaters, and pipes for circulated hot water where feasible and adequate, and protected trash areas.
(11) 
Yard and height requirements. All projects shall comply with property development standards for the district in which the project is to be located, provided that nothing in this section shall be construed to prohibit the imposition of more restrictive requirements as a condition of approval by the Planning Commission when necessary to protect the public health, safety, or general welfare, based upon appropriate findings.
(12) 
The project shall comply with Chapter 11A of the California Building Code, which addresses accessibility. This could include new or reconstructed paths, ramps and accessible parking spaces.
(13) 
Impact fees. With the exception of applicable park fees, impact fees are not charged for subdivision of existing residential units. With park fees, the increment between the fee for a single family attached and a multifamily unit is applicable.
(14) 
Any other requirement and condition as may be imposed by the Planning Commission.
(15) 
NOTE. Specific requirements will vary depending on the characteristics of each project. Other laws, regulations and requirements may apply.
(B) 
Findings and conditions of approval.
(1) 
The Community Development Department shall prepare and deliver to the applicant a staff report including a staff recommendation for approval or denial, a listing of conditions or requirements recommended as a basis for approval, and supportive reasons or justifications for such recommendations.
(2) 
Planning Commission approval shall be subject to the following findings:
(a) 
The vacancy factor of the rental housing units in the city exceeds three percent of the total rental housing inventory. Existing rental units may be approved for conversion regardless of the vacancy factor if the Planning Commission determines that a new rental unit has or will be added to the city's housing inventory for each rental unit removed through conversion.
(b) 
The structural, electrical, fire, and life safety systems of the applicable structures and/or common structures are in a condition of good repair and maintenance, including such alterations or repairs as are required by the building official prior to the sale of the units.
(c) 
The developer has complied with all other requirements and conditions in this chapter.
(3) 
Planning Commission approval shall be subject to the following conditions, in addition to any other condition required pursuant to this chapter:
(a) 
All tenants of the proposed condominium conversion project shall be given at least 120 days advance written notice including but not limited to the following:
1. 
Termination of their tenancy subsequent to Planning Commission approval of the conditional use permit; and
2. 
The exclusive right of first refusal to purchase a unit at the time said units are offered to the general public and upon at least as favorable terms and conditions as said units are first offered to the general public.
(b) 
The developer shall mail written notice to all tenants residing in the project within 15 days after approval of any condominium conversion project. Such notice shall state all of the conditions of approval of the conditional use permit for the condominium conversion project.
(c) 
The project shall be subject to design review approval.
(d) 
The developer shall comply with all other notices required by state law.
[Ord. 1513, 9-19-2007]
Prior to any hearing on the application, written notices shall be posted by the Community Development Department in a conspicuous location on the site of the proposed project and shall be mailed by the city, first class, to all tenants residing in the proposed project not less than ten days of any hearing concerning the project. Such notices shall provide, at least, the following:
(A) 
The date, time, place and purpose of the hearing;
(B) 
That should the conditional use permit for the conversion be approved, the property owner may require the tenants to vacate (move from) the premises;
(C) 
That should the conditional use permit for the conversion be approved, the property owner shall give, according to all applicable laws, all tenants a minimum 120 days notice of termination of their tenancy, together with the exclusive right of first refusal to purchase a unit.