§ 12.41

In this chapter, terms have the meaning set forth in Tracy Municipal Code section 12.08.010, Definitions. In particular, see the definitions for "Association," "Condominium," "Declaration," "Department" and "Director."

(Ord. 1117 § 3 Exh. B (part), 2008)

In addition to the other subdivision requirements and procedures, a conversion is subject to the requirements in this section. An application for approval of a tentative map for the condominium subdivision shall be accompanied by the following items:

(a)

Physical elements report. A report on the physical element of each structure and facility, which shall include, but not be limited to, the following. The purpose of this report is to provide notice to future residents of the condition of the property and to guide the City in establishing conditions. Each report, or the combined reports, shall include a cover page with a title, name and address of the property, date of preparation and the name and title of the preparer. Each shall also state on the cover: "This report is not prepared by the City and does not reflect City's judgment regarding the condition of the property."

(1)

A report detailing the structural condition of each element of the property, including foundation, electrical, plumbing, utilities, walls, ceilings, windows, recreational facilities, sound transmission of each building, mechanical equipment, parking facilities, and appliances. Regarding each element, the report shall state, to the best knowledge or estimate of the applicant, when the element was constructed or installed; when the element was last replaced; the approximate date upon which the element will require replacement; the cost of replacing the element; and any variation of the physical condition of the element from the zoning and building code in effect on the date that the last building permit was issued for the structure. The report shall include a chronological history of building permits issued. The report shall identify each known defective or unsafe element and set forth the proposed corrective measures to be employed;

(2)

A report from a licensed structural pest control operator on each structure and each unit within the structure;

(3)

A report on the condition of the common area improvements, including landscaping, lighting, utilities, streets, parking and recreation areas; and

(4)

The subdivider's statement of repairs and improvements to be made to refurbish and restore the project to achieve a quality, well-maintained appearance.

(b)

Site plan. A plot plan of the project, including the location and sizes of structures, parking layout and access areas, sewer, water and storm drains, landscaping and irrigation improvements, exterior lighting, on-site or fronting public right-of-way improvements, and any other information required by the Director. The subdivider shall also show the existing adjacent zoning district(s).

(c)

CC&Rs. At the City's request, a declaration of covenants, conditions and restrictions which would be recorded and would apply to each owner of a condominium unit within the project. The declaration shall include, but not be limited to, pertinent information regarding the conveyance of units and the assignment of parking; an agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for such maintenance; and an indication of appropriate responsibilities for maintenance of all improvements and utility systems for each unit. The City has the right to review and approve the CC&Rs for the limited purpose of ensuring that, when applicable for conditions which apply over a longer period of time: (1) the appropriate conditions of approval are included in them, and (2) those provisions reflecting the City's conditions may not be amended without City approval.

(d)

Project characteristics. Specific information concerning the characteristics of the project, including, but not limited to, the following:

(1)

A floor plan showing square footage and number of bedrooms and bathrooms in each unit;

(2)

Monthly vacancy rate for each month during either the preceding two (2) years, or since construction, whichever is less;

(3)

Estimated sales price range of units;

(4)

Name and mailing address of each tenant.

When the subdivider can demonstrate that this information is not available, this requirement may be modified by the Director.

(e)

A signed copy from each tenant of the receipt of the notice of intention to convert (as specified in section 12.41.060(a)) or evidence that a certified letter of notification was sent to each tenant for whom a signed copy of the notice is not submitted.

(Ord. 1117 § 3 Exh. B (part), 2008)

(a)

Subdivision procedures. Under Government Code section 66426, a condominium conversion is treated as a subdivision subject to the provisions of the Subdivision Map Act and this title. The City Council is the approving body for a residential condominium conversion.

(b)

Receipt of reports. The final form of the physical elements report and other documents required under section 12.41.030 shall be as received by the City staff when the application is deemed complete. The reports in their accepted form shall remain on file with the Department for review by the public. They are referred to collectively in this section as "the reports."

(c)

Copy to buyers. The subdivider shall provide each purchaser with a copy of the reports (in their final accepted form), except the information required by section 12.41.030(d) and (e), before the purchaser executes an agreement to purchase a unit in the project, and the developer shall give the purchaser sufficient time to review the reports. A copy of the reports shall be made available at all times at the sales office.

(d)

Notice to tenants and prospective tenants. Before tentative map approval, the Planning Commission shall hold a public hearing. In addition to all other notices required by the Subdivision Map Act and this title, the subdivider shall give notice prior to filing the tentative map to prospective tenants and tenants in the manner provided by Government Code sections 66452.8 and 66452.9 and section 12.41.060.

(e)

Inspection and fees.

(1)

The premises to be inspected include structures, common areas, site improvements, public improvements and other related facilities. The purpose of the inspection is to develop a list of deficient conditions that may exist by reason of noncompliance with the Tracy Municipal Code, and to have the deficient items refurbished and restored in accordance with section 12.41.050.

(2)

Before submitting the final map, the owner shall request that an inspection of the premises be made by the Department for conformance to section 12.41.050.

(3)

A project inspection shall be made by the Chief Building Official, the Director and the City Engineer. A deficiency list shall be compiled during the inspection of all corrections required to conform to the requirements of this section, section 12.41.050 and other Code requirements.

When the final inspection is complete, a copy of the deficiency list shall be transmitted to the subdivider. All deficiencies must be corrected (or security posted) to the satisfaction of the City before filing of the final map or parcel map.

(4)

The City shall charge the fee established by City Council resolution, if applicable, or an hourly fee (estimated actual hourly cost to the City) for the inspection and processing. The owner shall post a cash deposit in an amount equal to the estimated cost of inspection. The deposit will be applied towards the inspection fee with any refund or balance due to be resolved before the approval of the final map by the City Council. Any balance due shall be paid before recordation of the final map or parcel map.

actual hourly cost to the City) for the inspection and processing. The owner shall post a cash deposit in an amount equal to the estimated cost of inspection. The deposit will be applied towards the inspection fee with any refund or balance due to be resolved before the approval of the final map by the City Council. Any balance due shall be paid before recordation of the final map or parcel map.

(Ord. 1117 § 3 Exh. B (part), 2008)

The following standards apply to a residential condominium conversion. These standards must be satisfied, or security provided in a form approved by the City Attorney, before the final map is approved. However, the requirements at subsection (m), Rental housing, of this section, must be satisfied at the time an application is submitted, or within thirty (30) days after submittal if the City is conducting the survey.

(a)

Building regulations.

(1)

The building and each element shall conform to the applicable standards of the City building code in effect at the time the last building permit was issued for the building or element.

(2)

Ground fault circuit interrupters are required in all bathrooms and kitchens, in conformance with the current electrical code.

(b)

Fire prevention.

(1)

Fire-warning systems. Each living unit shall be provided with a fire-warning system conforming to the current adopted building code standards in type and locations.

(2)

Maintenance of fire protection systems. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire-protective appliances shall be retained in an operable condition at all times.

(c)

Sound transmission.

(1)

Vibration transmission. All permanent mechanical equipment (such as motors, compressors, pumps and compactors) which is determined by the Chief Building Official to be a source of structural vibration or structural-borne noise shall be vibration-isolated with inertia blocks or bases or vibration isolator springs.

(2)

Noise standards. The structures shall conform to all interior and exterior sound transmission standards of the current building code. Where present standards cannot reasonably be met, the City Council may require the applicant to notify potential buyers of the noise deficiency currently within the unit.

(d)

Utilities.

(1)

Each dwelling unit shall be separately metered for gas and electricity.

(2)

For water conservation, each dwelling unit shall have its own water meter, or sub-meter billed through the homeowners association. If any unit has automatic watering of its own landscaping, that water shall be on the same meter as that of the unit (rather than on a common area meter). If the subdivider can demonstrate that this water meter standard cannot reasonably be met, the City Council may modify this standard based on the finding set forth in section 12.40.080 of this title.

(3)

Before recording a final map, the subdivider shall underground any overhead utilities in accordance with chapter 11.08 of this Code and City's undergrounding policies.

(4)

All roof- and ground-mounted utilities (and mechanical units) shall be screened from public view, to the satisfaction of the Director.

(e)

Open space. Total usable open space on a site having three (3) or more dwelling units shall be at least 200 square feet per dwelling unit. This requirement shall be met by providing private open space, shared open space or a combination of the two (2).

(1)

Private open space. To satisfy the open space requirement, private open space must be on a patio or balcony, within which a horizontal rectangle inscribed within it has no dimension less than six (6′) feet.

(2)

Shared open space. To satisfy the open space requirement, shared open space must be provided by interior side yards, patios, and terraces, each designed so that a horizontal rectangle inscribed within it has no dimension less than ten (10′) feet. The open space must be open to the sky (except for a trellis or other outdoor enhancement), and may not include driveways or parking areas, or area required for front or street side yards.

If the subdivider can demonstrate that this standard cannot reasonably be met, the City Council may modify this standard based on the finding set forth in section 12.40.080 of this title.

(f)

Landscaping. Landscaping shall be in good condition. (See section 10.08.3560 of this Code.)

(g)

Private storage space. Each unit shall have a minimum of 200 cubic feet with no less than twenty-four (24) square feet of enclosed weatherproofed and lockable private storage space in addition to guest, linen, pantry, and clothes closets customarily provided. The space shall be provided in any location approved by the Director, but shall not be divided into two (2) or more locations. If the subdivider can demonstrate that this standard cannot reasonably be met, the City Council may modify this standard based on the finding set forth in section 12.40.080 of this title.

(h)

Laundry facilities. A laundry area shall be provided in each unit unless the City Council approves a common laundry area. If a common laundry area is provided, it shall consist of not less than one automatic washer and one automatic dryer for each five (5) dwelling units or fraction thereof. If the subdivider can demonstrate that this standard cannot reasonably be met, the City Council may modify this standard based on the finding set forth in section 12.40.080 of this title.

(i)

Parking. Off-street parking shall be provided as required by the zoning ordinance. (See section 10.08.3480 of this Code.)

(j)

Exterior refurbishing and restoration. Each main building, structure, fence, patio enclosure, carport, accessory building, sidewalk, driveway, landscaped area, utilities, and additional element as required by the Director shall be refurbished and restored as necessary to achieve a high degree of appearance, quality and safety. The refurbishing and restoration is subject to review and approval by the Director.

(k)

Trash and recycling collection area.

(1)

Refuse storage areas shall be enclosed within a building or screened on all sides by a covered, solid masonry enclosure tall enough to screen the containers. Materials other than masonry may be used when specifically approved by the Department when it finds that due to extenuating circumstances regarding location, such as the proximity to underground utilities, the footing for masonry construction would be a detriment to such utilities. This requirement does not apply to a duplex.

(2)

Trash and recycling collection areas shall be provided within 250 feet of the units they are designed to serve.

(3)

Access gates or doors to any trash area, not enclosed within a building, are to be of opaque material.

(4)

The storage area shall comply with the City's stormwater management requirements.

(l)

Connectivity. Wherever possible, as determined by the Director, vehicular and pedestrian connections shall be made to adjacent sites and the public right-of-way.

(m)

Rental housing. No residential condominium conversion is allowed if, on the date the application is complete or within thirty (30) days after that:

(1)

The percentage of rental apartments to the total number of multi-family housing stock falls below twentyfive (25%) percent; or

(2)

The rental apartment vacancy rate in the City is below five (5%) percent.

The apartment vacancy rate shall be determined by a survey of existing apartments within the prior six (6) months. The survey shall include a representative sample of three (3) apartment complexes of between ten (10) to ninety-nine (99) units and two (2) apartment complexes of 100 or more units. Either the applicant or the City staff shall complete the survey, at the City's discretion. If the City performs the survey, the applicant shall reimburse the City for its costs, including the staff time.

(Ord. 1117 § 3 Exh. B (part), 2008)

(a)

Notice of intention. Beginning at least sixty (60) days before the filing of a tentative map, the subdivider shall give notice of intention to convert to each tenant and prospective tenant as provided in Government Code sections 66427.1, 66452.8 and 66452.9. Evidence of receipt by each tenant and prospective tenant shall be submitted with the tentative map. The form of the notice shall be as approved by the Director and shall contain not less than the following:

(1)

The information required by Government Code sections 66452.8 or 66452.9;

(2)

Name and address of current owner;

(3)

Name and address of the proposed subdivider;

(4)

Approximate date on which the tentative map is proposed to be filed;

(5)

Approximate date on which the final map or parcel map is to be filed;

(6)

Approximate date on which the unit is to be vacated by nonpurchasing tenants;

(7)

Tenant's right to purchase;

(8)

Tenant's right of notification to vacate; and

(9)

Other information as deemed necessary by the Director.

(b)

Tenant's rights:

(1)

To purchase. As provided in Government Code sections 66427.1(a)(2)(F) and 66459, a present tenant of a unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public. The right of first refusal shall extend for at least ninety (90) days from the date of issuance of the subdivision public report or beginning of sales, whichever is later.

(2)

To notice before vacating unit. Each nonpurchasing tenant, not in default under the rental agreement or lease, shall have not less than 180 days from the date of receipt of notification from the subdivider of the intent to convert, or from the filing date of the final subdivision map or parcel map, whichever date is later, to find substitute housing and to relocate. A nonpurchasing tenant who: (i) is handicapped, or (ii) has minor children in school, or (iii) is aged sixty (60) or older (whether publicly subsidized or not) living in any unit at the time a completed tentative map application is accepted by the Director, shall be given at least an additional six (6) months after approval of the final map in which to find suitable replacement housing.

(f)

Remodeling. No remodeling, planned as part of the conversion, shall be performed in a unit still occupied by a nonpurchasing tenant, without written permission from the tenant.

(Ord. 1117 § 3 Exh. B (part), 2008)

The City Council may not approve an application for condominium conversion unless it finds in the approving resolution that the proposed conversion (the usual subdivision findings as set forth in section 12.16.070 of this title do not apply to the conversion of existing buildings (Government Code section 66427.1.)):

(a)

Conforms to the requirements of this chapter;

(b)

Is consistent with the Tracy General Plan and current zoning regulations; and

(c)

Satisfies the requirements of Government Code section 66427.1 (regarding notice to tenants).

(Ord. 1117 § 3 Exh. B (part), 2008)