Chapter 16.32 — CONDOMINIUM CONVERSIONS

The purpose of this chapter is to protect the public health, safety and welfare by the regulation of conversion of multiple-family rental housing to condominiums, community apartments or stock cooperatives. The city recognizes that while condominium conversions may provide favorable housingownership opportunities, they also present some unique concerns which require special attention and regulation.

The regulations set forth in this chapter pertaining to condominium conversions, address the needs, goals, and policies of the housing element of the city general plan, including, but not limited to, the following:

A.

Make adequate provisions for the housing needs of all economic segments of the community;

B.

Remove government and nongovernment constraints that hinder or impede housing development;

C.

Provide for the city's existing and projected fair share of the region's needs;

D.

Identify adequate sites for housing developments for homeownership and rental units, including manufactured housing, to meet identified needs;

E.

Promote housing opportunities without bias or prejudice;

F.

Preserve, conserve and improve the affordable housing stock and assisted housing;

G.

Provide for a balance between job creation and housing;

H.

Promote energy conservation opportunities;

I.

Provide for special housing needs;

J.

Establish and implement policies and programs throughout the five-year planning period to preserve, improve, and provide for the development of housing to accomplish quantified objectives.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

16.32.020 - Definitions.

For the purpose of this chapter, the following definitions shall apply:

"Community apartment project" shall mean a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

"Condominium" shall mean 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 in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property.

"Condominium project" shall mean the subdivision of real property to create five or more condominiums.

"Stock cooperative" as defined in Section 11003.2, California Business and Professions Code, means a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right to occupancy is transferable only concurrently with the transfer of a share or shares of stock in the corporation held by the person having such right of occupancy.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

16.32.030 - Permit required.

No person, firm, corporation, partnership or other entity shall convert existing dwelling units to a condominium project, community apartments, or stock cooperative without first having secured approval of a permit allowing such conversion by the planning commission or, upon appeal, the city council and having been issued a conversion permit by the planning director. Any permit issued hereunder may be made subject to such reasonable terms and conditions as in the judgment of the commission are necessary to insure compliance with the purpose, spirit and intent of this chapter.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

16.32.040 - Application for permit.

Application for permit pursuant to this chapter shall include the following:

A.

A facilities plan prepared by an appropriately California licensed architect or California registered civil or structural engineer detailing the condition and estimated useful life of all elements of the existing buildings and other structures involved in the project including, but not limited to, roofs, foundations, exterior and interior paint, floor coverings, built-in appliances, mechanical systems, electrical systems, plumbing systems, fire protection systems, alarm systems, heating and air conditioning systems, swimming pools, parking lots, driveways, walks and other paved areas. The facilities plan will include the costs and schedule for replacement of any elements that do not meet current city standards as provided in the Municipal Code and resolutions or would have a useful life of less than five years;

B.

A development plan of the project site including:

1.

The exterior boundaries and dimensions of the project site and the names and locations of adjacent streets,

2.

The physical development existing or proposed on the site, including the size, shape, location, type of materials used and use of all buildings, structures, paved areas, landscaped areas, open spaces, walls, fences, recreational facilities, utilities, exterior lighting, directional signs and other common facilities,

3.

Existing and proposed elevations;

C.

A schedule of completion for all physical development of common facilities proposed in the project;

D.

A maintenance plan, including projected costs and payment therefor, for all physical development;

E.

A structural pest control report prepared by a licensed structural pest control operator;

F.

A building history report, including:

1.

The date of construction of all elements of the project,

A statement of the uses of the facilities since construction,

3.

The date and description of each repair or renovation requiring an expenditure of one thousand dollars or more,

4.

A statement regarding current ownership of all improvements and underlying property;

G.

A copy of the proposed covenants, conditions and restrictions to be applied to the project;

H.

A report on existing tenancy in the rental apartment units to be converted including:

1.

The names and addresses of the tenants,

2.

The number of families, by category, occupying the units who are on fixed incomes, have children, or include handicapped individuals,

3.

The size and rental cost of each unit,

4.

The number, rental cost, and size of units occupied under any federal or state assistance program (Section 8, etc.);

I.

A report detailing the project's program for relocation of displaced tenants. The applicant shall show evidence that the current residents have received notification of intent to convert the apartments into condominiums at least sixty days prior to filing the application for a permit. The final form of the application shall be as approved by the planning director and shall remain on file in the planning department for review by any interested persons. The application shall be referenced in the department's report to the planning commission.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

Building requirements are as follows:

A.

The project shall conform to the applicable standards of the adopted building related codes found in Title 15, Anderson City Municipal Code, unless discrepancies are specifically listed together with mitigation satisfactory to the city building department of the facilities plan required by Section 16.32.040, Application for permit. An inspection shall be made by the building inspection department to insure that the building is in compliance with the above mentioned codes.

B.

Fire alarm systems shall be provided to the satisfaction of the fire chief.

C.

Smoke detectors shall be provided in each unit as required by the Uniform Building Code.

D.

Fire protection shall be provided to the satisfaction of the fire chief.

E.

Sound transmission shall meet standards established in UBC Appendix Chapter 12. The subdivider shall provide a detailed report prepared by certified acoustical experts stating the existing conditions—whether each unit meets current sound transmission standards.

F.

Separate meters for gas and electricity shall be provided for each unit.

G.

Provision for joint use of water service shall be provided.

H.

Exterior-interior construction shall be refurbished to a high degree of quality and safety to the satisfaction of the building department.

I.

Weatherized, lockable storage facilities shall be provided at a rate of two hundred forty cubic feet per unit with a minimum of twenty-five square feet horizontal surface area, where individual garages do not exist.

J.

Declarations of covenants, conditions and restrictions shall include a statement requiring each individual owner and the owners' association to comply with all building and safety codes enforced by the city building and fire departments.

K.

Domestic water shall be metered. Master meters shall be used wherever possible.

L.

A one-year unconditional consumer warranty shall be provided by the subdivider guaranteeing repair or replacement of all appliances.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

16.32.060 - Private interior streets.

A.

Streets shall be in a maintained condition with a minimum equivalent to two inches type B.A.C. over four inch Class II aggregate base to the satisfaction of the public works director.

B.

Drainage shall be provided to the satisfaction of the public works director.

C.

Minimum width of interior streets shall be twenty-four feet.

D.

Minimum curve radii shall meet the requirements of the fire department.

E.

Streets shall be identified as private streets and posted for no parking.

F.

Dead-end streets shall provide turn-around space as required by the fire chief and public works director.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

16.32.070 - Other requirements.

A.

Screened rubbish collectors shall be provided sufficient to serve all units and shall be located for convenience to users and rubbish disposal contractors.

B.

Pedestrian pathways shall connect parking areas to individual units.

C.

Lighting shall be provided to avoid dark spots in the common areas.

D.

Sewer collection system shall be designed to the satisfaction of the public works director.

E.

Landscaping and recreation facilities shall be provided to a minimum of forty percent of lot coverage.

F.

Laundry facilities shall be provided for the units. Common laundry facilities shall provide one washing machine and one clothes dryer per five units without individual facilities.

G.

Unit numbers shall be provided in accordance with the standards of the community and economic development department.

H.

Lighted directory providing guidance to units shall be provided to the satisfaction of the fire chief.

I.

All improvements identified as necessary within two years shall be undertaken and completed.

J.

A sinking fund or maintenance surety fund shall be established by the subdivider to cover all projected maintenance or replacements projected for five years. This sinking fund shall be administered by the homeowners' association and shall be so noted in the association documents.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

A.

Parking lots shall be paved with a minimum two inches B Type a.c. on four inches Class II aggregate base.

B.

Drainage shall be provided to the satisfaction of the director of public works.

C.

Parking shall be provided at a rate of at least two spaces per unit with additional parking for guests at the rate of one space per three units.

D.

Parking spaces and maneuvering areas shall be designed in accordance with city regulations.

E.

Declaration of covenants, conditions and restrictions shall provide that no recreational vehicles or trailers shall be parked on the project property unless a parking area for such vehicles is specifically set aside and such parking area is in excess of the two and one-third parking spaces per unit required under Section 16.32.080(C).

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

The planning commission, or the city council on appeal, shall hold a public hearing to review all applications for conversions submitted pursuant to this chapter. Notice of the hearing shall be provided to all tenants of the project at least ten days prior to the hearing date.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

The planning commission, or the city council on appeal, shall not approve any application for conversion of rental units unless the planning commission or city council can find that:

A.

All provisions of this chapter are met;

B.

The project is not detrimental to the health, safety or general welfare of the community;

C.

The project is consistent with the general plan housing element;

D.

The relocation program provides for deferred displacement of families with children, elderly tenants and handicapped tenants;

E.

No rent increase has been made to reduce or eliminate tenancy in preparation for conversion. Each nonpurchasing tenant, not in default under the obligations of the rental agreement or lease under which they have occupied their unit, shall have not less than one hundred twenty days from the date of filing of the final subdivision map or parcel map, to find substitute housing and to relocate;

F.

Diverse forms of financing acquisition of the units, including FHA, VA, Cal Vet, conventional, etc., shall be available to allow the best terms to the existing tenants.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

Following action by the planning commission, a report on the project and the planning commission action thereon shall be transmitted to the city council for its information.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

Fees for processing applications shall be paid at the time of submittal for condominium conversion and shall be in the amount of two hundred fifty dollars, no part of which shall be returnable to the applicant.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

16.32.130 - Modifications of chapter provisions.

The requirements of this chapter may be modified by the planning commission, or on appeal by the city council, when at least one of the following findings can be made based on evidence presented at the hearing:

A.

There are exceptional or extraordinary circumstances or conditions applicable to the property; or

B.

The unique nature of the particular project requires design innovations to carry out the intent of this chapter; or

C.

The granting of the modifications will not be detrimental to the public welfare or safety or be injurious to other property in the surrounding area.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

16.32.140 - Appeals.

Appeals may be made from any determination of the planning commission in the same manner as prescribed for subdivision appeals in Title 16, Chapter 16.20 of the Municipal Code.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

16.32.150 - Final map requirements.

A.

The final subdivision map shall conform to the requirements of Chapter 16.08 of this code where applicable. In addition, the location of existing and proposed buildings shall be precisely delineated on the

final map.

B.

The planning department shall provide each tenant household with written notification within ten days of approval of the final subdivision map for a condominium conversion project.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

16.32.160 - Expiration.

A.

Unless the final plan and final map are submitted within eighteen months of the approval date of the tentative map in the case of a new construction project or within twelve months of the effective date in the case of a condominium conversion project, the tentative map shall automatically expire provided that the planning commission may extend the expiration date of the tentative map for a new construction project a maximum period of twelve months upon written application by the subdivider. If the tentative map has expired, the subdivider shall submit a new application.

B.

A final map shall not be recorded unless all public improvements are completed or adequate improvement security is submitted as per Chapter 16.12 of this code.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)