The purpose of this chapter is as follows:
A. 
To establish requirements and procedures for the approval of conversion of existing multiple-family rental housing and nonresidential structures to residential condominium and community apartment projects and nonresidential condominiums, respectively;
B. 
To provide a reasonable balance of rental and ownership housing within the City to help ensure for the housing needs of all economic segments of the community;
C. 
To provide a variety of individual choices of tenure, type, price and location of housing and to maintain the supply of rental housing for low and moderate-income persons and families; and
D. 
To establish rules and standards to regulate the conversion to residential condominium projects and community apartment projects in the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
The regulations set forth in this chapter shall apply to converting existing multiple-family residential rental housing to residential condominium, community apartment, and stock cooperative projects.
A. 
The conversion of nonresidential structures to condominium projects shall be subject to the provisions of the Subdivision Map Act and the application process and procedures established by this division for tentative parcel maps and parcel maps.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
An application to convert multifamily rental housing units ("apartments") to nonrental multifamily housing units ("condominiums") shall be supported by a vacancy survey, funded by the applicant. The survey shall include information pertaining to the number and percentage of apartments within the City that are available to rent and occupy at the time of the survey. The survey shall include the following information:
A. 
Data on the number of rental apartment units, which are vacant, newly constructed, or occupied or otherwise unavailable by rent level and number of bedrooms. Units in newly constructed apartment complexes, which have not been available for rent to the public for six months or more, shall be included in the survey, but shall not be used in calculating the vacancy rate unless the complex has an occupancy rate of 90 percent or more at the time of the survey.
B. 
Data on the number of senior-only rental apartment units, which are vacant, newly constructed, occupied or otherwise unavailable, by rent level and number of bedrooms. Senior-only rental apartment units with restricted or controlled rents shall be included in the survey but shall not be used in calculating the vacancy rate because: (1) such rents would lower the median rent levels for market-rate units, (2) the purpose of the survey is to determine the climate of the rental market in order to respond to requests to convert apartments to condominiums, and (3) the long-term affordability agreements that encumber such units prevent the units from being converted to condominiums.
C. 
The survey shall be conducted and prepared by a person or entity that is qualified to conduct and perform such surveys. The applicant may submit the names of such persons or entities to the Director of Community Development who shall select and approve the person or entity. The Director of Community Development shall notify the applicant of the cost of the survey. The applicant shall pay such cost to the City prior to when the survey is conducted.
D. 
The results of the survey shall be presented to the Planning Commission upon consideration of the condominium conversion entitlement process.
E. 
If the vacancy percentage is found to be less than three percent, there shall be deemed to exist a "severe rental housing shortage" in the City. The applicant, however, may submit a request to the Director of Community Development that another survey be conducted at the applicant's expense in order to confirm that a severe rental housing shortage exists in the City.
F. 
No application for a conversion of existing multifamily rental housing shall be approved if a "severe rental housing shortage" is deemed to exist. In approving an application for a conversion, the decision maker shall find that the conversion will not result in, or contribute to, a severe rental housing shortage, and that the conversion will promote the orderly growth and development of the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
A final map shall be recorded in accordance with the provisions of this division before an existing apartment project is converted to condominium, community apartment or stock cooperative units.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
All conversion projects shall conform to the following development standards:
A. 
Each unit shall be separately metered for gas and electricity so that the unit owner can be separately billed for each utility. A water shutoff valve shall be installed for each unit or for each plumbing fixture;
B. 
Each unit shall have its own electrical power supply to serve the unit; and
C. 
Wall and floor-ceiling assemblies shall conform to the sound insulation performance criteria in accordance with the provisions of the California Administrative Code and may only be replaced by another floor covering that provides the same or greater insulation.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
The conversion of existing apartment units to condominium and community apartment units shall be subject to the following:
A. 
In addition to the information and material submitted as part of the application process for planned developments and tentative maps, the Director of Community Development may require supplemental information, including, but not limited to, the following:
1. 
Mailing list and labels with the name and address of current tenants of the project;
2. 
A copy of all the proposed organizational documents that are required to be filed with the Department of Real Estate and the state, in accordance with the provisions of the Civil Code, Business and Professions Code, or other applicable state laws or policies. To the extent the information required to be furnished to the state agencies is not available at the time of application, any planned development permit issued under this chapter shall require the developer to furnish such information to the City within 10 calendar days of submission of the documents to the Department of Real Estate; provided, that the developer shall file with the City a copy of the final public report within 10 calendar days of issuance by the Department of Real Estate;
3. 
A property report, prepared by a licensed contractor or registered engineer, describing the condition of the premises, and an estimate of the remaining useful life of each of the following elements of each structure situated within the project proposed for conversion:
a. 
Roofs, foundations, and exterior paint;
b. 
Paved surfaces;
c. 
Mechanical and electrical systems;
d. 
Plumbing systems, including sprinkler systems for landscaping;
e. 
Utility delivery systems and central or community heating and air conditioning systems;
f. 
Fire protection systems including any automatic sprinkler systems, alarm systems or standpipe systems; and
g. 
Structural elements;
4. 
A written and signed statement that the subdivider for the proposed conversion project has provided all of the adequate notices required by the Subdivision Map Act and other applicable state code provisions. Copies of the different notices shall be attached to the written statement.
B. 
In addition to the noticing requirements of Chapter 14.09.030 of this code, the Director of Community Development shall also mail notices and staff reports to each tenant of the proposed condominium, community apartment or stock cooperative project, in accordance with the provisions of the Subdivision Map Act.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
The Director of Community Development may approve, approve with modifications, or deny the applications for a planned development permit and tentative map in accordance with the provisions of this chapter and Chapter 14.09.010 of this code.
A. 
The decision maker shall make findings of fact when approving or denying an application for condominium conversion projects. These findings shall include, but not be limited to, the following:
1. 
That the project is consistent with the findings for any concurrent applicable land development application;
2. 
That the project is consistent with the provisions of this chapter; and
3. 
The decision maker may deny the application for the proposed conversion if it is not consistent with the provisions of this chapter, or if it meets the findings for denial of any concurrent applicable land use application.
B. 
Exceptions to Design Standards. The decision maker may grant exceptions to the provisions of Section 14.11.080.050 if it finds that:
1. 
There are circumstances applicable to the subject property or to the structures located on the property, including, but not limited to, the size, shape, location or surroundings of the subject property or the buildings located on the property, where the strict application of the development standards would create an unreasonable economic hardship;
2. 
Overall, the project will provide for substantial compliance with such development standards; or
3. 
The project has incorporated mitigating features into its design which further the purposes of this chapter.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
Prior to the City Council approving a final map related to a proposed condominium, community apartment, or stock cooperative conversion project the following items shall be completed:
A. 
A determination by the Director of Community Development that all of work, as required by the conditions of approval for the planned development permit or the tentative map, has been completed which brings the project into compliance with the City's Housing, Building and Fire Code regulations.
B. 
The City Council shall make certain findings of fact that the special requirements related to tenant notices have been delivered in accordance with the provisions of Section 66427.1 of the Subdivision Map Act.
(Ord. 1972, Repealed and Replaced, 02/22/2022)