9281.2. - Application content.

Recognizing that the conversion of existing structures which have been previously occupied and constructed as rental units presents unique problems to present tenants and future buyers, the application for a conditional use permit for a condominium conversion project shall include the following information in addition to that required by other sections of this Code:

A.

The proposed organizational documents, including the covenants, conditions and restrictions to be recorded pursuant to Section 1350 et seq. of the Civil Code. The organizational documents shall provide for the following:

1.

Transfer of title to each unit;

2.

Assignment of parking for each owner, and provisions for parking of recreational vehicles;

3.

The management of common areas within the project, and the complex generally;

4.

The antidiscrimination provisions set forth in section 9281.7C;

5.

A maintenance program and proposed budget.

B.

A property report. A property report shall be prepared by an engineer, which shall describe the condition and estimate the remaining useful life of each of the following elements of each structure situated within the project proposed for conversion: roofs, foundations, exterior paint, insulation, paved surfaces, mechanical systems, electrical systems, plumbing systems, sewage systems, sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, fire protection systems including any automatic sprinkler systems, alarm systems, standpipe systems, structural elements, and drainage systems.

The property report shall state what the sound transmission class and sound impact class of the existing floor-to-ceiling and wall-to-wall assemblies of sample units are. The report shall also explain, in nontechnical terms, what the class ratings mean and state what measures, if any, the applicant should and will take to improve sound attenuation between units. Projects constructed after July 1, 1979, that were in total compliance with the Building Code at the time of construction shall be exempt from the property report requirement.

The property report shall list each built-in appliance to be contained in each or any unit offered for sale and shall state whether the appliance is or will be new or used when the unit is first offered for sale. The report shall also state the terms and nature of the warranty offered by the applicant on each such appliance.

Each portion of the property report shall be prepared by an appropriately licensed engineer.

C.

A structural pest control report.

D.

A building history report identifying the date of construction of all elements of the project.

E.

A report identifying all characteristics of the building not in compliance with this article or applicable building or housing codes.

F.

A rental history report detailing the size, in square footage, of the building or buildings and each unit; the current or last rental rate; the name and address of each present tenant; the monthly rental rate for the preceding three (3) years for each unit; the average monthly vacancy over the preceding three (3) years. In addition, evidence in writing certified under penalty of perjury shall be submitted that shows that tenants have been notified and have acknowledged the applicants' intent to file a request for conversion for a period of at least ninety (90) days prior to the initial filing of an application for a conversion conditional use permit and/or tentative subdivision map, and have received all other notices.

Failure to provide any information required by (B) through (F), above, shall be accompanied by an affidavit or declaration given under penalty of perjury, setting forth in detail all efforts undertaken to discover the information and all reasons why the information could not be obtained.

G.

A detailed report describing the relocation and moving assistance information to be given to each tenant, and the steps the applicant will take to ensure the successful relocation of each tenant. The report should state in detail what assistance will be provided for special category tenants, including a discussion of longterm or life-term leases and provisions to allow such tenants to continue renting after conversion until comparable housing is located and their move can be completed.

H.

A survey of all the tenants in the conversion project indicating how long each tenant had been a resident of the project, how long each tenant had planned to live in the project, whether or not each tenant would be interested in purchasing a unit, to which area would each tenant choose to relocate if the conversion took place and the tenant did not purchase a unit, and the extent of tenant approval in principle of the conversion. This survey shall include the applicant's best estimate of the sales price for each unit, not including inflation and adjustments that would take place during conversion.

To comply with this provision, the applicant shall provide a tenant rights handout and a questionnaire, in a form approved by the city, to each tenant with an envelope, postage prepaid, addressed to the planning and community development department. The questionnaire shall direct the tenant to return the completed form directly to such department.

I.

The director may require additional information necessary to assist in evaluating said conversion project in order to make proper findings in accordance with the purposes and objectives set forth in the adopted

general plan. Such information may include, but shall not be limited to:

1.

A report comparing the units in the conversion project, as both rentals and ownership units, with housing available within the areas affected by the project;

2.

A report on the availability of comparable rental units at similar rental rates remaining within the Conejo Valley, including vacancy rate information;

3.

A report outlining the available low and moderate income housing units (rental and sales housing) within the affected areas.

J.

The conversion project shall be subject to the inclusionary housing requirements stipulated in section 9133 et seq., and shall be required to submit, as part of the application, any materials identified in the aforementioned section.

(Ord. No. 11-383, § 16, 3-9-2011)