Chapter 16.53 — CONDOMINIUM CONVERSIONS

The purpose of this article is to set forth regulations relating to the conversion of existing multiple dwelling residential apartment units to condominiums, community apartment projects, stock cooperatives, and planned developments.

(Ord. CS 439, 1980)

A.

Unless the particular provisions or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article; The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

B.

"Community Apartment Project" means the same as defined by Section 11004 of the California Business and Professions Code.

C.

"Comparable Housing" means available rental housing located in the general area of the proposed condominium conversion project, having units similar in size, quality and price to those of the proposed project.

D.

"Condominium" means the same as defined by Section 783 of the California Civil Code.

E.

"Condominium Conversion Project" means a multiple dwelling development in which existing dwellings are converted to a condominium project, a community apartment project, a stock cooperative, or a planned development.

F.

"Planned Development" means the same as defined by Section 11003 of the California Business and Professions Code.

G.

"Stock Cooperative" means the same as defined by Section 11003.2 of the California Business and Professions Code.

H.

"Student" means a degree-seeking student currently enrolled in a postsecondary educational institution.

I.

"Tenant" means a person who rents, leases or subleases, through either a written or oral agreement, residential real property from another.

(Ord. CS 439, 1980)

All condominium conversion projects shall be subject to the requirements and procedures provided by this article, as well as state regarding conversions.

(Ord. CS 439, 1980)

The following information shall be required as a prerequisite to filing an application for a tentative tract map for a condominium conversion project:

A.

Pre-application Inspection Report. The subdivider shall apply to the building official for an inspection of the proposed condominium conversion project. The inspection shall cover the applicable building, safety, and housing requirements of Section 10-2.1907. The subdivider shall include with the building inspection application a complete set of building plans, including electrical wiring and plumbing diagrams of the buildings of the proposed project as they presently exist. The building official shall perform a complete inspection and shall make a written report of his findings as to compliance or noncompliance with the requirements of Section 16.53.070. The report of the building official shall be included with the application to the City for a tentative map.

B.

Physical Elements. A report shall be provided, detailing the structural condition of all physical elements of the proposed project as they exist at the time of application and as they are to he made by the subdivider prior to the sale of any units in order to refurbish and restore the project and to achieve a high degree of appearance, safety, comfort, and utility. Such elements include, but are not limited to, foundations, interior and exterior walls, ceilings, floors, roofs, insulation, sound transmission characteristics, water heaters, furnaces, air conditioners, recreational facilities and equipment, and maintenance equipment. Regarding each such element, the report shall state the age and present condition, the approximate useful remaining life, the cost of maintenance and replacement, and the proposed means of paying for the maintenance or replacement of the element.

C.

Project Plan. A complete plan certified as to accuracy by a licensed civil engineer or architect containing the following information pertaining to the project as it exists at the time of application and as it is proposed:

1.

Site and structure information, including all residential buildings, structures, yards, landscaping, open spaces, and number and sizes of dwelling units;

2.

Accessory facilities information showing the locations and describing the nature and extent of recreation facilities, laundry facilities, maintenance facilities, office areas, storage areas and trash storage areas;

3.

Easement information showing the locations and dimensions of public utility, water, sewer and drainage easements; and

4.

Parking and access information, showing all points of regular access and emergency vehicle access, the locations, dimensions and total number of covered and uncovered parking spaces provided for residents and guests, and the dimensions and locations of all aisles, driveways, turning areas, and obstructions, including but not limited to columns, poles, walls, and trees.

D.

Tenant Information. A report shall be submitted containing information about the tenants on the proposed project including but not limited to:

1.

Name and address of each tenant;

2.

Total number of project occupants;

3.

Makeup of existing tenant households, including size of household, length of residence, ages of tenants, whether receiving federal or state rent subsidies, number of physically handicapped tenants, and number of student tenants;

4.

Detailed history of the project, including vacancy rates, rents, and rent increases applicable to each unit during the 24 months preceding the application; and

5.

Signed receipts from all tenants of the notice of intent to convert, as specified in Section 10-2.1901 a. The subdivider shall submit evidence that a certified letter of notification was sent to each tenant for whom a signed receipt is not submitted.

E.

Comparable Housing Availability. A report shall be submitted detailing the number and location of available renting housing units in the general location of the proposed condominium conversion project of comparable price range, unit size, and amenities to those of the proposed project.

F.

Tenant Relocation and Assistance. The applicant shall prepare a report containing the following information:

1.

Whether tenants will be reimbursed for the expenses of moving, and if so, the extent of the reimbursements;

2.

Whether tenants will be individually assisted in finding comparable rental housing in the general location of the proposed project;

Whether housing assistance payments will be made to those tenants who are unable to find comparable rental housing, and if so, the conditions of such assistance payments;

4.

Whether long-term leases or extra time to locate housing will be allowed to families with children in school, students, elderly or handicapped tenants, or long-term tenants;

5.

Any other plans of the subdivider to provide for assistance to tenants who will be caused to move if the proposed project is approved.

G.

Sales Information. The following information regarding unit sales shall be provided:

1.

Proposed sales price of units;

2.

Proposed owners association fees;

3.

Terms of sale and discounts, if any, to be offered to existing tenants; and

4.

Statement regarding policy of sales to families with minor children.

H.

Proposed Project Documents. The applicant shall submit the proposed declaration of covenants, conditions and restrictions to be applied to the proposed project and each unit thereof. The declaration shall include but shall not be limited to the following information:

1.

The assignment of parking and storage spaces.

2.

An agreement for common area maintenance including recreational facilities, landscaping and all structural, mechanical, and utility elements of the proposed project, together with an estimate of initial assessment fees anticipated for the initial and future maintenance and replacement of such facilities and elements.

3.

A requirement that the owners association maintain all water, sewer and storm drainage lines within the confines of the project; and pay all City utility bills.

4.

A provision for emergency access to the project site by, and right of entry of, the City;

I.

Unavailability of Information. When the applicant can demonstrate that information required by this section is not available, this requirement may be modified by the Planning Director if he determines that such modification is consistent with the purposes of this article.

J.

Additional Information. Any other information shall be submitted by the applicant which in the opinion of the Planning Director will assist in determining whether the proposed project will be consistent with the purposes of this article.

(Ord. CS 439, 1980)

The final form of the information required by this article shall be as approved by the City Council. No application for a tentative tract map shall be deemed accepted until such time that the Planning Director shall determine that it is complete and accepted for processing as provided in Section 10-2.1914. The application information shall-remain on file with the Planning department of the City for review by any interested person.

(Ord. CS 439, 1980)

Prior to the execution of any agreement for sale, the subdivider shall provide each purchaser with a copy of the information required by this article in its final acceptable form, except that information required by Section 10-2.1904 d., e., f., and g.3. Copies of the report shall be made available at all times at the project sales office. Any purchaser may rescind the purchase agreement within 72 hours of its execution. Notice of this right shall be plainly inserted on the printed purchase agreement form.

(Ord. CS 439, 1980)

A.

Adequate Physical Conditions. To achieve the purpose of this article, the Planning Commission shall require that all condominium conversions conform to the Atwater Municipal Code in effect at the time of tentative map approval except as otherwise provided in this article. All code requirements and map conditions must be satisfied, and violations corrected prior to the approval of the final map; provided, however, that the final map may be approved subject to an agreement between the subdivider and the City guaranteeing the

performance of the requirements and conditions. The agreement shall be approved by the City Attorney and shall be secured by adequate security as approved by the City Attorney to assure that the requirements shall be satisfied prior to the closing of escrow of any unit in the project.

B.

Specific Physical Standards. The Planning Commission shall require conformance with the following standards in approving the map:

1.

Housing Regulations. The project shall conform to the applicable standards of the City housing code (Uniform Building Code).

2.

Electrical Requirements.

a.

All indoor and outdoor receptacles shall have three-wire with grounding.

b.

All bathrooms shall have a receptacle adjacent to the basin, protected by a ground-fault circuit interrupter.

c.

All outdoor and garage receptacles shall be protected by ground-fault circuit interrupters.

d.

All rooms to have one receptacle for each 12 feet of wall area.

e.

All outside entrances shall be lighted.

f.

One receptacle shall be provided for kitchen counter space.

g.

Separate electrical meters and over current devices shall be provided for each unit in locations approved by the Building Official.

3.

Plumbing requirements. All cross-connections shall be corrected.

Building requirements.

a.

All units directly below attic areas shall be provided with access to the attic, and draft stops shall be provided in the attic area corresponding with the exterior walls of the unit directly below.

b.

All glass doors and panels subject to human impact shall comply with Federal Glazing Standards.

c.

All applicable provisions of Chapter 33 and Chapter 38 of the Uniform Building Code, as determined by the building official, shall be complied with.

d.

Smoke detectors, of a type and in numbers and locations approved by the building official, shall be installed.

e.

Each sleeping area shall be provided with a window of a size, and in a location, which will allow its use as an emergency exit, as approved by the Building Official.

5.

Energy Requirements.

a.

R-11 wall insulation and R-19 ceiling insulation shall be provided for each unit.

b.

All exterior doors and windows shall be weatherstripped.

c.

Heating and cooling air ducts shall be insulated according to the requirements of the Uniform Mechanical Code.

d.

Heating and cooling air duct joints shall be sealed with pressure-sensitive tape.

e.

Heat pumps with electrical resistance back-up shall be controlled with a 2-stage thermostat.

Mechanical Requirements.

a.

Mechanical equipment shall be permanently identified as to the area or space served.

b.

All combustion air for water heaters, furnaces, and clothes dryers shall be provided from outside the building.

7.

Noise Requirements.

a.

STC 50 party walls (including flanking paths) shall be provided.

b.

STC and ITC floor-ceiling assemblies shall be provided unless both the upstairs and downstairs areas are part of the same residence.

c.

STC 50 walls shall be provided between units and any common area which is in the same building.

d.

A noise level attributable to exterior sources of no more than 45 CNEL shall be allowable in any dwelling unit.

8.

The applicable provisions of Article 13 of the Uniform Building Code shall be required.

C.

Private Storage Space. Each unit shall have at least 200 cubic feet of enclosed weather-proofed and lockable storage space in addition to guest, linen, pantry, and clothes closets customarily provided. Such space shall be for the sole use of the unit owner. Such space may be provided in any location approved by the Planning Commission, but shall not be divided into more than one location.

D.

Laundry Facilities. A laundry area shall be provided in each unit, or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof.

E.

Condition of Equipment and Appliances. The subdivider shall provide written certification to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, furnaces, and air conditioners which are provided are in operable working condition as of the close of escrow, and shall state specifically the warranty provisions which are included. At such time as the owners association takes over management of the project, the subdivider shall provide written certification to the association that any swimming pool and pool equipment and any appliances and mechanical equipment to be owned by the association are in operable working condition, and shall specifically include the warranty to be applied thereto.

(Ord. CS 439, 1980)

With the exception of the standards for parking, fences, hedges, and walls in the current zone district of the proposed project, the provisions of the zoning ordinance shall not apply to condominium conversion projects.

(Ord. CS 439, 1980)

A.

Notice of Intent. A notice of intent to convert shall be delivered to each tenant. Evidence of receipt shall be submitted with the application for a tentative map. The form of the notice shall be as approved by the Planning Director and shall contain not less than the following:

1.

Name and address of current owner.

2.

Name and address of the proposed subdivider.

3.

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

4.

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

5.

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

6.

Tenant's right to oppose the proposed project by petition to, and appearance and testimony before the Planning Commission.

Tenant's right to purchase.

8.

Tenant's right of 120-day written notification to vacate.

9.

Tenant's right to terminate lease.

10.

Statement regarding rent increase limitation.

11.

The housing availability report required by Section 16.53.040.E.

12.

The tenant relocation and assistance report required by Section 16.53.040.F.

13.

The sales information required by Section 16.53.040.G.

B.

Tenant's Right to Purchase. As provided in Government Code Section 66427.1 (d) any tenant or tenants of any unit, at the time the application for a tentative map is filed, shall be given a nontransferable right of first refusal to purchase the unit occupied by the tenant at a price no greater than the price offered to the general public; provided, however, that the subdivider may reserve the right to repurchase the unit at the same price if the subdivider offers a discount or special terms of sale to tenants, and the tenant sells or offers for sale the unit within six months of the date of the close of escrow for such unit. The right of first refusal shall extend for at least 90 days from the date of issuance of the subdivision public report or commencement of sale whichever date is later.

C.

Vacation of Units. Each non-purchasing tenant not in default under the obligations of the rental agreement or lease under which he occupies the unit shall have not less than 180 days from the date of receipt from the subdivider of notification of termination of tenancy or from the filing date of the final subdivision map.

D.

Rent Increase Limitation. A tenant's rent shall not be increased more than eight percent per year from the time of filing of the application for a tentative map until relocation takes place, the subdivision is denied, the subdivision is reverted to acreage, or the approved tentative map expires.

E.

Notice to New Tenants. After an application for a tentative tract map has been accepted by the City, any prospective tenant shall be notified in writing of the subdivider's intent to convert prior to leasing or renting any unit.

F.

Notice of Hearing. Prior to the date set for the Planning Commission hearing on the tentative map, the Planning Director shall notify the tenants of the proposed project by mail of the time and place set for the hearing.

(Ord. CS 439, 1980; Ord. CS 766, 11-10-1998)

A.

Approval of Application. The Planning Commission shall not approve an application for a tentative tract map for a condominium conversion unless it makes the following findings:

1.

The proposed conversion is consistent with any general and applicable specific plan provisions relating to condominium conversions;

2.

The proposed conversion will conform to the Atwater Municipal Code in effect at the time of the tentative map approval, except as otherwise provided in this article;

3.

The overall design and physical condition of the condominium conversion achieves a high degree of appearance, safety, comfort, and utility; and

4.

The cumulative effect of the proposed conversion will not cause a significant percentage of low and moderate income rental units to be deleted from the City's housing stock.

B.

Denial of Application. The Planning Commission may deny a tentative tract map for a condominium conversion application if it finds that:

1.

Vacancies in the project have been caused by the subdivider for the purpose of preparing the project for conversion, during the 24-month period preceding the application for a tentative map, by means of

substantive rent increases or substantive increases in the number of evictions or tenancies terminated by the subdivider.

2.

Approval of the proposed project would cause any of the following without sufficient available comparable housing:

a.

Displacement of a significant number of families having minor children;

b.

Displacement of a significant number of elderly or handicapped tenants;

c.

Displacement of a significant number of low income tenants;

3.

Based upon information contained in the application or presented to the Planning Commission, approval of the tentative tract map would be inconsistent with the purposes of this article.

(Ord. CS 439, 1980)

The information required by this article to be provided by the subdivider regarding proposals for the project shall be conditions of any approved tentative map and requirements of the final map. Failure to substantially comply with such conditions shall be grounds for denial of the final map and for denial of occupancy permits for individual units.

(Ord. 439, 1980)

All condominium conversion projects shall be categorically exempt from the requirements of the California Environmental Quality Act of 1970.

(Ord. CS 439, 1980)

In addition to the fees provided for by the most current ordinance or resolution on file regarding planning and zoning fees, the subdivider shall pay such fees as may be established from time to time by Council resolution for processing applications for condominium conversion projects.

(Ord. CS 439, 1980)

All condominium conversion projects, as defined in Section 16.53.020, shall comply with the provisions of Article 1 through 18 of this chapter relating to the subdivision of real property, and Article 19 of this chapter, relative to condominium conversion projects.

(Ord. CS 439, 1980)