American Canyon Municipal Code Ch. 18.32 Conversion Projects—residential

The purpose of this section is alleviate the adverse impact that condominium conversions

will have on the city's ability to meet its affordable housing requirement; to promote greater individual choice in type, quality, price and location of housing; to provide for the housing needs of all segments of the population; to provide increased homeownership opportunities for all segments of the population; to mitigate the hardship caused by displacement of tenants, particularly those in low to moderate cost housing and those who are elderly, families with minor dependent children, the handicapped and the disabled; to promote the safety of conversion projects and correction of building code violations in such projects; to provide adequate off-street parking; to encourage construction of new rental units to replace units lost due to conversions; to protect the existing rental housing stock by reducing conversions; to provide increased opportunities for the ownership of commercial or industrial real property in the form of condominiums or stock cooperatives; to assure that the continued use of buildings for commercial or industrial purposes is substantially consistent with the city's general plan (the "general plan"); and to generally regulate projects in accordance with the general plan and with the public health, safety and welfare.

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The provisions of this chapter shall apply to all tentative maps and preliminary

parcel maps as to which the advisory agency has not rendered a decision on the date the ordinance codified in this chapter becomes effective, except as otherwise expressly stated in this section. For purposes of this section, a decision is rendered on the date of the advisory agency's public hearing and announced decision, or where no such decision is announced, the date of mailing of the advisory agency's letter of decision and findings to the applicant.

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The following terms used in this section are defined below. "Advisory agency" means

the city planning commission. "Apartment" means the same as dwelling unit. "Apartment hotel" means a residential building designed or used for both two or more dwelling units and six or more guest rooms or suites of rooms. "Apartment house" means a residential building designed or used for three or more dwelling units or a combination of three or more dwelling units and not more than five guest rooms or suites of rooms. "Community apartment project" means the same as defined by Section 11004 of the California Business and Professions Code. "Condominium" means the same as defined by Section 783 of the California Civil Code. Conversion Project, Residential. "Residential conversion project" means an existing apartment house, apartment hotel, hotel, multiple dwelling or group dwelling used exclusively for residential purposes, proposed for conversion to a condominium, stock cooperative or community apartment project to be used exclusively for residential purposes through approval of a tract or parcel map. For purposes of this definition, the term "existing" means that the building was constructed prior to incorporation of the city on June 1, 1992, or, if it was built after incorporation of the city, a certificate of occupancy was issued for the building within thirty days after the effective date of the ordinance codified in this chapter. "Dwelling" means any residential building, other than an apartment house, hotel or apartment hotel. "Dwelling group" means two or more one-family, two-family or multiple dwelling, apartment houses or boarding or rooming houses, located on the same lot. Dwelling, Multiple. "Multiple dwelling" means a dwelling containing two dwelling units and not more than five guest rooms. Dwelling, One-Family. "One-family dwelling" means a detached dwelling containing only one dwelling unit Dwelling, Two-Family. "Two-family dwelling" means a dwelling containing two dwelling units. "Dwelling unit" means a group of two or more rooms, one of which is a kitchen, designed for occupancy by one family for living and sleeping purposes. Dwelling Unit, Low Income. "Low income dwelling unit" means a dwelling unit at a rental or at a sales price which is eligible for subsidy under any public program to assist the occupancy of housing by households of low income who meet the current eligibility standards for low rent public housing established for the city by the U.S. Department of Housing and Urban Development, ("HUD") from time to time and as certified by the city's community development director. Dwelling Unit, Moderate Income. "Moderate income dwelling unit" means a dwelling unit at a rental or at a sales price eligible for subsidy under any public program to assist the occupancy of housing by persons or households of lower income who meet the current eligibility standards for such households established for the city by HUD from time to time and as certified to the city's community development director. "Efficiency dwelling unit" means a room located within an apartment house or apartment hotel used or intended to be used for residential purposes which has a kitchen, living and sleeping quarters combined therein. "Final Map" means a map prepared in accordance with the provisions of Chapter 18.26 of the city of American Canyon's municipal code (the "municipal code.") and with any applicable provisions of the Subdivision Map Act, designed to be recorded in the office of the county recorder of Napa County. Garage Private. "Private garage" means an accessory building or portion of a main building designed or used for parking or storage of motor vehicles of the occupants of a residential use. "General plan" means the general plan adopted by the city council, which is a comprehensive declaration of purposes, policies and programs for the development of the city and which includes, where applicable, diagrams, maps and text setting forth objections, principles, standards and other features. "Guest room" means any habitable room except a kitchen, designed or used for occupancy by one or more persons and not in a dwelling unit. "Hotel" means a residential building designated or used for or containing six or more guest rooms, or suites of rooms, which may also contain not more than one dwelling unit, but not including any institution in which human beings are housed or detained under legal restraint. Household, Low Income. "Low income household" means a household which meets the current eligibility standards for low-rent public housing established for the city by HUD from time to time and as certified by the city's community development director. Household, Moderate Income. "Moderate income household" means a household which meets the current eligibility standards for such households established for the city by HUD from time to time and as certified to the city's community development director. "Housing development" means the construction pursuant to a building permit of, or the proposed conversion to condominium ownership pursuant to a final subdivision tract map submitted for approval of any apartment house, apartment hotel, multiple dwelling or group dwelling, residential condominium development or cooperative apartment home having five or more dwelling units. "Parcel map" means a map showing a division of land other than those divisions which require a final map, as defined by the Subdivision Map Act. "Residential building" means a building or portion thereof designed or used for human habitation. "Stock cooperative" means the same as defined by Section 11003.2 of the California Business and Professions Code. "Tenant" means a person who rents, leases or subleases, through either a written or oral agreement, residential real property from another. "Tentative map" means a map made for the purpose of showing the design of a proposed subdivision creating five or more parcels, five or more condominiums, or five or more units in a community apartment project or stock cooperative, and showing the existing conditions in and around it and that complies with the applicable provisions of Title 18 of the municipal code. "Tract Map" means a tract map refers to either a tentative map or final map.

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(A) A residential conversion project shall comply with all applicable provisions of Title 16, Adoption of Uniform Codes, Title 18, Subdivisions, Title 19, Zoning, the provisions of this section and with all other applicable state laws and local ordinances. B. In addition to the information required by other applicable sections of the municipal code, the following information shall be submitted at the time of filing:

(1) Building plans or other documents containing the following information pertaining to the project as proposed, certified as to accuracy by a licensed engineer.

(a) Description of the features of the type of building and project, including age, type of construction, number of dwelling units, number of habitable rooms per dwelling unit; and

(b) Site plan, including buildings, structures, yards, open spaces, and accessory storage areas and buildings including trash storage areas; and

(c) Parking plan, including the total number of spaces actually provided and the total number required if different from that actually provided; dimensions of stalls, aisles and driveways; locations of columns, walls and other obstructions; total number of covered and uncovered parking spaces and location and number of guest parking spaces.

(2) Tenant Information. Name and address of each tenant; total number of project occupants; rent schedule for eighteen months preceding the application and relocation assistance plan, if any.

(3) Sales Information. Anticipated range of sales prices of individual dwelling units or shares based on information known at the time of application; anticipated terms of sale to existing tenants; and statement as to whether sales will be permitted to families with minor children.

(4) Floor and elevation plans, including indications of common and private areas, and required exits.

(C) The following additional information may be required by the advisory agency as a condition of approval:

(1) Certificate of housing compliance inspection report or equivalent report satisfactory to the advisory agency, which report shall detail any violations of provisions of Title 16, Adoption of Uniform Codes, enacted after such permit was issued and which are explicitly made applicable to existing structures.

(2) Building inspection reports (if any such report has already been submitted to the California Department of Real Estate, a copy of such report shall be furnished to the city):

(a) Building component reports indicating conditions and estimated remaining useful life of

the roof, foundation, plumbing, electrical, heating, air conditioning, other mechanical and structural systems prepared by a registered civil or structural engineer, licensed general building contractor, licensed general engineering contractor or architect;

(b) Structural pest control report, prepared by a licensed pest control contractor;

(c) Acoustical report, indicating (i) the type of construction between dwelling units and the general sound attenuation characteristics of such construction, or indicating the level of sound attenuation between dwelling units, and (ii) the feasibility of various levels of improvement, prepared by a licensed acoustical engineer; and

(d) Utility metering reports, if the units of the building are not individually metered, indicating the feasibility of individual or submetering, prepared by qualified engineers.

(3) Any other information, including conditions, covenants and restrictions, articles of incorporation and bylaws, which the advisory agency deems necessary to determine if the proposed project is consistent with the municipal code.

(D) All Projects. No application for tentative map or preliminary parcel map approval of a residential conversion project shall be accepted without adequate evidence from the applicant that each tenant of the project has received notice of the application as of the date of application and notice of the relocation assistance provisions of Section 18.32.070 of this chapter. Any person who becomes a tenant of a residential rental unit proposed for conversion to a residential condominium, stock cooperative or community apartment project after the date of such application shall be given written notice of the pendency of such applications prior to entering into any written or oral rental agreement. This subsection shall only apply to map applications filed on or after the effective date of the ordinance codified in this chapter.

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(A) Notification of Hearing on Tentative Map or Preliminary Parcel Map.

(1) In addition to other notification requirements of the municipal code, the advisory agency shall give notice of any public hearing on a tentative map or preliminary parcel map to at least one tenant in each dwelling unit of such building or buildings proposed for conversion.

(2) Such notice shall be in writing and mailed not less than thirty days prior to the public hearing on the tentative map or preliminary parcel map.

(3) Such notice may include a questionnaire, to be completed at the option of each tenant, regarding the approximate ages and disabilities or handicaps, if any, of the household members, comments concerning the physical condition of the building and its various components and characteristics as outlined in Section 18.32.040(B)(1) of this chapter, and such other information as may be pertinent to the pending proceedings.

(B) Notification of Proposed Conversion Prior to Termination of Tenancy Due to the Conversion. Each tenant of a conversion project subject to this section shall be given one hundred eighty days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. Each person who becomes a tenant of such conversion project after the date of such one hundred eighty days' written notice shall be given a copy thereof before entering into any written or oral rental agreement, but shall not be entitled to one hundred eighty days' written notice prior to termination of tenancy due to the conversion or proposed conversion.

(C) Residential Conversion Project—Notification of Exclusive Right to Purchase.

(1) The applicant shall give each tenant of any proposed residential conversion project written notice of an exclusive right to contract for the purchase of the dwelling unit occupied by the tenant or purchase of a share in the corporation entitling the shareholder to enjoy exclusive occupancy of the unit upon the same or more favorable terms and conditions than those on which such unit or share will be initially offered to the general public. The right shall run for a period of not less than ninety days from the issuance of the subdivision public report pursuant to Section 11018.2 of the California Business and Professions Code, unless the applicant receives prior written notice of the tenant's intention not to exercise the right.

(2) Where two or more units are combined pursuant to conditions of tentative map or preliminary parcel map approval, the notice required by this subsection shall be given to the tenants of the combined units and priority among tenants shall be determined in an equitable manner. A tenant who is prevented from purchasing his or her unit due to combination of units shall be given a right of first refusal with respect to the comparable unit in the same residential conversion project, to the extent possible.

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(A) All tentative maps and preliminary parcel maps filed in connection with residential conversion projects shall be subject to divisions of land regulations contained in Division 2 in Title 18 of the municipal code, except as herein otherwise provided. All such maps shall be subject to the general plan only to the extent that such plan contains a definite statement of policies and objectives explicitly applicable to conversion projects, except as otherwise provided in this subsection.

(B) The advisory agency shall disapprove a tentative map or preliminary parcel map for a residential conversion project, if it finds (1) that the map is not substantially consistent with the applicable density provisions of the general plan in effect at the time the original building permit was issued, and (2) the application for map approval is filed less than ten years from the date the original certificate of occupancy for the building was issued.

(C) The advisory agency shall disapprove a tentative map or preliminary parcel map for a residential conversion project if it finds that any applicable general plan provision contains a definite statement of policies and objectives explicitly applicable to conversion projects and the proposed map is not substantially consistent with such provision.

(D) The advisory agency shall disapprove a tentative map or preliminary parcel map for a residential conversion project if it finds that there are uncorrected violations of Title 16 of the municipal code, and that an adequate plan to correct such violations has not been developed or accomplished. For purposes of this provision, "Title 16 of the city's municipal code" means the provisions of Title 16 in effect when the building permit was issued and other subsequently enacted regulations explicitly made applicable to existing structures.

(E) The advisory agency shall disapprove a tentative map or preliminary parcel map for a residential conversion project, if it finds that (1) the building permit for the building was issued prior to October 1, 1933, and the building is of unreinforced masonry construction, or (2) the building is more than three stories in height without an elevator. This provision may be waived where the advisory agency finds that any such condition has been corrected in conformity with municipal code standards.

(F) After considering the following criteria, the advisory agency may approve a tentative map or preliminary parcel map for a residential conversion project, unless it makes both of the following findings:

(1) The vacancy rate of the planning area in which the property is located is five percent or less; and

(2) The cumulative effect of the rental housing market in the planning area of successive residential conversion projects (past, present and future) is significant. A finding of significant cumulative effect shall be based on the following factors:

(a) The number of tenants who are willing and able to purchase a unit in the building,

(b) The number of units in the existing residential building prior to conversion,

(c) The number of units which would be eliminated in case conversion occurred in order to satisfy municipal code parking requirements,

(d) The adequacy of the relocation assistance plan proposed by the subdivider, and

(e) Any other factors pertinent to the determination.

"Vacancy rate" shall refer to the most current vacancy rate for multiple-family dwelling units as published by the city's community development director, or other estimate or survey satisfactory to the advisory agency.

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(A) The minimum number of resident parking spaces per dwelling unit shall be one and one–quarter parking spaces per dwelling unit having three or less habitable rooms and one and one–half parking spaces per each dwelling unit having more than three habitable rooms. The advisory agency may increase or decrease the required number of parking spaces up to and including three-quarters of a space per dwelling unit, where it finds that such modification is consistent with the purposes of this chapter.

(B) The minimum number of guest parking spaces shall be one quarter space per dwelling unit for projects containing fifty or fewer units and one–half space per dwelling unit for projects containing more than fifty units. The advisory agency may modify the guest parking requirement up to and including one-half space per unit where it finds such modification consistent with the purposes of this section.

(C) The advisory agency may require up to one of the required resident parking spaces per dwelling unit to be provided in a private garage or carport where it finds that such is reasonable and feasible and consistent with the purposes of this chapter.

(D) Where the number of parking spaces required by other provisions of this code in existence on the date of map application exceeds the minimum numbers established by this section, the number of parking spaces shall not be diminished.

(E) The design and improvement of parking facilities and areas shall substantially conform to the provisions of Chapter 10.32 of Title 10 of the city's municipal code.

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The advisory agency may require, as a

condition of approval, that the applicant notify such person who communicates an interest in purchasing a unit or share that the following reports are available for inspection during normal business hours, and shall take all reasonable steps to assure that such reports fully, fairly and accurately describe the conditions reported:

(A) Any report submitted pursuant to Section 18.32.040 of this chapter;

(B) A report concerning compliance with the sound transmission control standards established by the city, if any;

(C) A report concerning compliance with the residential energy conservation standards established the by Article 1, Part 6, Title 24 of the California Administrative Code;

(D) A report concerning compliance with the elevator safety standards established by Title 8 of the California Administrative Code;

(E) A report concerning compliance with any provision of Title 16 the city's municipal code which the advisory agency and the building officer find appropriate for such reporting purpose.

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Each residential

conversion project shall comply with any and all affordable income housing provisions in the municipal code, including but not limited to Chapter 19.28.

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(A) As a condition of tentative map or preliminary parcel map approval, the advisory agency shall require that the applicant or successor in interest pay to the city a fee of five thousand dollars for each unit in a residential conversion project, based on the number of units in the project prior to conversion. This fee shall be paid prior to approval of the final map by the city engineer.

(B) All fees collected pursuant to this section shall be deposited and held in the rental housing production account of the city's community development department, which account is established to be administered by the city's community development department separately from all other money expended by the department. Money in this account shall be used exclusively for the development of low and moderate income rental housing in the city, pursuant to guidelines carrying out this purpose prepared by the department and approved by resolution of the city council.

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