Beverly Hills Municipal Code Art. 7 Common Interest Development Projects

This article is enacted pursuant to the authority contained in sections 66421 and 66426 of the California Government Code. The provisions of this article shall apply to subdivisions involving common interest development projects as set forth in the definition of "subdivision" in section 10-2-101 of this chapter. (Ord. 06-O-2497, eff. 4-6-2006)

A. Purpose: Common interest development projects require special additional regulations because of special problems resulting from the divided ownership of individual units, and the purpose of this article is to provide reasonable standards for the location, design, and development of common interest development projects and the information to be contained in the precise plan of development which shall be filed with the tentative map.

B. Application: Except as otherwise provided in this article, the provisions of this article shall apply to both residential and nonresidential common interest development projects. (Ord. 06-O-2497, eff. 4-6-2006)

A precise plan of design shall be required for the use or development of any lot or parcel of real property for a common interest development project, irrespective of the area or size of such lot or parcel. (Ord. 06-O-2497, eff. 4-6-2006)

Each application for the approval of a precise plan of design for a common interest development project shall include the following information and documents:

A. A site plan with at least the following details shown to scale:

1. The location, height, gross floor area, and proposed uses of each existing structure to remain and for each proposed structure;

2. The location, use, and type of surfacing for all open storage areas;

3. The location and type of surfacing for all driveways, pedestrianways, vehicle parking areas, and curb cuts;

4. The location, height, and type of materials for walls or fences;

5. The location of all landscaped areas, the type of landscaping, and a statement specifying the method by which the landscaping areas shall be maintained;

6. The location of all recreational and open space facilities and a statement specifying the method of the maintenance thereof; and

7. The location of the parking facilities to be used in conjunction with each unit in the common interest development;

B. Three (3) copies of the plans and elevations of all structures, showing the architectural features and the types and materials of construction; and

C. Three (3) copies of the covenants, conditions, and restrictions or, if there are no covenants, conditions, or restrictions, any other agreements between any persons who have an ownership interest in the project and who have the right to reside in such project which will apply to the common interest development project, which covenants, conditions, and restrictions or agreements shall include, but not be limited to, the following provisions:

1. Provisions satisfactory to the city for the maintenance of the common areas of any such project by the city in the event of default in the maintenance of such common areas by individual owners of the units and for reimbursement to the city for any costs incurred thereby;

2. In nonresidential common interest development projects, the covenants, conditions, and restrictions or other agreement(s) shall include:

a. Provisions satisfactory to the city for parking, access and utility covenants in order to: 1) satisfy parking and access requirements imposed by this code, 2) assure the continuing availability of parking within the building at fair market value for the benefit of each parcel owner and their respective permittees, 3) assure continuous access, subject to reasonable rules and regulations imposed by the owners pursuant to any future covenants, to and through each parcel created by the subdivision as required to access any other parcel and 4) provide the owner of each parcel with structural support and the right to use existing common utility systems and equipment servicing the building.

b. A provision that any provision required to be included in the covenants, conditions, and restrictions or agreements by this section or by the conditions of approval imposed on the project shall not be deleted or amended without the written consent of the planning commission.

3. In residential common interest development projects the covenants, conditions, and restrictions or agreements shall include:

a. Provisions restricting the use of each residential unit to use as a single-family residence except as provided in chapter 3, article 43 of this title; and

b. Provisions establishing each individual unit owner's exclusive right to the use of specifically designated covered parking spaces sufficient to satisfy the code required parking for each unit or, if a reduction in the required parking for a conversion is granted pursuant to this article, provisions establishing each individual unit owner's exclusive right to the use of not less than one specifically designated covered parking space for each unit; and

4. A provision that any provision required to be included in the covenants, conditions, and restrictions or agreements by this section or by the conditions of approval imposed on the project shall not be deleted or amended without the written consent of the planning commission. (Ord. 06-O-2497, eff. 4-6-2006)

In addition to the general application requirements set forth in section 10-2-201 of this article, applications for a tentative map to convert an existing apartment building to a common interest development or to convert a common interest development created prior to January 1, 2006, to another form of common interest development pursuant to sections 10-2-707 through 10-2-711 of this article, shall include a report on the physical elements of each structure and facility within the subdivision that includes, but is not limited to, the following:

A. A report prepared by a licensed architect detailing the condition of each element of the property including:

• 1. Foundations;
• 2. Roofs;
• 3. Electrical;
• 4. Plumbing;
• 5. Utilities;
• 6. Walls;
• 7. Ceilings;
• 8. Heat insulation factors;
• 9. Windows;
• 10. Recreational and open space facilities;
• 11. Sound transmission characteristics between units;
• 12. Mechanical equipment;
• 13. Fire protection equipment;
• 14. Parking facilities; and
• 15. Appliances.

For each element listed above, the report shall state, to the best knowledge or estimate of the applicant, the following: a) the date the building permit was originally issued for each element (or the date the permit was issued for the most recent replacement of the original element); b) the replacement cost of the element at the time the report is prepared; and c) the current condition of each element. If applicable, the report shall describe why the physical condition of each element does not comply with current zoning, housing or building code and shall identify how each defective or unsafe element will be repaired.

B. A report prepared by a licensed structural pest control operator describing the general condition of the entire project. In addition, prior to the approval of the final map, the applicant shall also cause to be prepared by a licensed pest control operator a pest infestation and dry rot report for each individual unit in the project;

C. A structural engineer's evaluation of the integrity of the foundations. If a soils report was not done at the time of original construction, or if there has been soil movement since construction, the application for conversion shall also include a report on any known soil and geological conditions regarding soil deposits, rock formations, faults, ground water and landslides in the vicinity of the project, and a statement regarding any known evidence of soils problems relating to the structures on the project site. Reference shall be made to any previous soils reports for the site and a copy of said prior reports shall be submitted with the soils report required by this section.

D. A statement of the repairs and improvements the subdivider proposes to refurbish and restore the project to achieve a high degree of appearance and safety.

E. An affidavit attesting to compliance with the noticing requirements prescribed by section 10-2-710 of this article. (Ord. 06-O-2497, eff. 4-6-2006)

Applications for the approval of precise plans of design for common interest development projects shall be made in such form as the director of community development shall prescribe, and all applications for the approval of precise plans of design shall be considered by the planning commission, irrespective of the area of the lot or parcel involved in any such project. (Ord. 06-O-2497, eff. 4-6-2006)

A tentative map of a common interest development project may be approved subject to the imposition of reasonable conditions relating to the design and improvement of the subdivision. (Ord. 06-O-2497, eff. 4-6-2006)

A. Code Compliance Required: Except as otherwise provided by this article, neither a tentative map nor a precise plan of design for a new common interest development project or for the conversion of an existing building to a common interest development or the conversion of an existing common interest development created prior to January 1, 2006, to another form of common interest development shall be approved unless the project will comply with the building codes and zoning regulations and all the other requirements of this code in effect at the time of application.

B. Exception For Conversion Of Character Contributing Buildings: Notwithstanding the provisions of subsection A of this section, it is recognized that certain multi-family residential buildings that cannot feasibly comply with current building codes and zoning regulations may be of continued value if otherwise allowed to be converted to common interest developments, and upgraded and rehabilitated to generally conform to the provisions of this article and other code requirements.

For the purposes of this article, and all related sections of this code, a character contributing building shall mean any multi-family residential building that the planning commission determines, due to its proportions and scale, design elements, and relationship to the surrounding development, is of continued value and contributes to defining the character of the community as a whole. In making this determination, the planning commission shall make the following findings:

1. The building to be converted is not substantially greater in massing and scale than the surrounding streetscape. In making this determination, the planning commission may compare the relative lot coverage, height and setbacks of the building being converted to the lot coverage, height and setbacks of developments on parcels in the same block.

2. And either:

a. The building to be converted and/or the project site design contribute(s) to community character through the use of: 1) architecturally pure styles that foster congruous designs and details that are similar or complementary in scale and mass to other nearby structures; 2) features visible from the public street, including, but not limited to, courtyards, balconies, open space, building modulation, or any other similar characteristics that, as a result of the conversion, would be maintained, restored or refined in a manner consistent with the general criteria of architectural review set forth in section 10-3-3010 of this title; or

b. The interior spaces of the building to be converted contribute to community character through the use of architectural features and high quality construction finishes and features such as crown molding, hardwood floors, fireplaces, stairways, and built in cabinets in individual units; private courtyards, balconies, and/or interior open spaces; interior fountains; or any other similar characteristics or features that, as a result of the conversion, would be maintained, restored or refined in a manner consistent with the general criteria of architectural review set forth in section 10-3-3010 of this title.

C. Architectural Review Required: Nothing in this article shall relieve a project to convert an existing building to a common interest development from the architectural review requirements of chapter 3, article 30 of this title. (Ord. 06-O-2497, eff. 4-6-2006)

Except as otherwise provided in this article, the conversion of an existing multi-family residential apartment to any form of common interest development or the conversion of a common interest development created before January 1, 2006, to any other form of common interest development shall comply with all of the provisions set forth in this section and section 10-2-709 of this article. The provisions of this article are intended to augment and be in addition to the provisions of articles 1, 2, 3 and 4 of this chapter.

A. Inspections:

1. Distribution Of Reports: Upon receipt of the application for subdivision for the purpose of conversion of an existing multi- family residential building from apartments to common interest ownership, the director of community development or his/her designee shall submit copies of the applicable reports or documents required by section 10-2-704.1 of this article, to the fire department, community development department - building and safety division, and other departments as appropriate.

2. Building Inspection: The building official or his/her designee shall inspect each proposed conversion project and shall prepare a written report (the "building inspection report") detailing the repairs and/or upgrades necessary for the project to meet the standards of the current building and housing codes. The cost of such inspection shall be borne by the subdivider.

3. Fire Inspection: The fire marshal shall inspect or cause an inspection to be made of each proposed conversion project to determine the sufficiency of fire protection systems serving that project and shall prepare a written report (the "fire inspection report") detailing the repairs and/or upgrades necessary for the project to meet the standards of the current fire code. The cost of such inspection shall be borne by the subdivider.

4. Zoning Compliance Inspection: The city planner or his/her designee shall cause an inspection to be made of each proposed conversion project to ascertain whether the project was constructed in compliance with applicable requirements of the zoning ordinance in effect at the time the project was constructed. The cost of such inspection shall be borne by the subdivider. (Ord. 06-O-2497, eff. 4-6-2006)

Except as expressly provided in this article, no application to convert an existing multi-family residential apartment building to any form of common interest development or to convert an existing common interest development created prior to January 1, 2006, to any other form of common interest development shall be approved unless the proposed conversion will conform to each and every standard set forth in this section. These standards are in addition to the findings required for any concurrent application for a development plan review pursuant to chapter 3, article 31 of this title.

A. Mandatory Minimum Standards: The proposed conversion shall conform to all of the following minimum standards:

1. Life Safety Requirements:

a. Smoke detectors shall be provided in sleeping rooms, in hallways leading to sleeping rooms, at the top of stairs, and in all public corridors. Smoke detectors shall be hardwired with battery backup in accordance with the provisions of section 9-1-202 of this code and section 310.9.1 of the California Building Code or any successor statute or regulation.

b. Buildings that contain 1) three (3) or more stories or 2) sixteen (16) or more dwelling units shall be provided with both a manual and an automatic fire alarm system in public areas in accordance with the requirements set forth in California Building Code section 310.10 or any successor statute or regulation.

c. Doors opening into public corridors shall be a minimum one and three-eighths inch (13/8") thick solid wood core or twenty (20) minute fire rated and shall be self-closing and latching in accordance with the requirements set forth in section 402.4 uniform code for building conservation or any successor statute or regulation.

d. Interior doors opening into enclosed stairways shall be fire rated and self-closing and latching as required by California Building Code section 1005.3.3.5 or any successor statute or regulation.

e. All public corridors shall have illuminated exit signs indicating the path of travel along the exit system and emergency backup power shall be provided for the exit signs in accordance with the provisions of California Building Code 1003.2.8 or any successor statute or regulation.

f. Emergency backup power shall be provided for egress lighting in all public areas, including corridors, stairways, lobbies, attached parking garages and elevator cabs and shall provide a minimum illumination of one foot-candle at the floor level as required by section 9-1-302 of this code and California Building Code section 1003.2.9.1 or any successor statute or regulation.

g. A means of two-way communication shall be provided between all elevator cabs and the outside of the elevator in accordance with the provisions of California Building Code section 3003.4.10 or any successor statute or regulation.

h. Portable fire extinguishers shall be provided in accordance with section 1002 of the California Fire Code or any successor statute or regulation.

i. The building address number shall be conspicuously displayed at the front entry and the number and street name shall be displayed at the rear alley in accordance with the provisions of section 9-1-202 of this code.

j. Buildings with six (6) or more dwelling units shall display a descriptive diagram at the front entry of the building indicating the location of each dwelling unit within the building in accordance with the provisions of section 9-1-202 of this code.

k. All fire protection systems installed in multi-residential occupancies shall be inspected, serviced and maintained in accordance with the requirements of title 19 of the California Code of Regulations or any successor statute or regulation.

l. All fire alarm systems shall be inspected, serviced and maintained annually by an appropriately licensed contractor in accordance with the requirements of regulation 72 of the National Fire Protection Association.

2. Electrical Requirements:

a. Ground fault circuit interrupter (GFCI) protection shall be provided for all electrical receptacles in bathrooms, serving kitchen counters, in garages or outdoors in accordance with the provisions of uniform code for building conservation - 4 guideline 3.1 and California Electrical Code section 210.8 or any successor statutes or regulations.

b. Each dwelling unit shall be provided with a minimum sixty (60) amp electrical panel and feeder in accordance with the provisions of uniform code for building conservation - 4 guideline 3.1 and California Electrical Code section 230.79 or any successor statutes or regulations.

c. A separate electrical meter shall be provided for each dwelling unit and the common public area.

d. Electrical systems over fifty (50) volts shall be grounded in accordance with the provisions of uniform code for building conservation - 4 guideline 3.1 and California Electrical Code section 250.20 or any successor statutes or regulations.

e. Weatherproof covers shall be provided for all exterior receptacles in accordance with the provisions of California Electrical Code section 406.8(B) or any successor statute or regulation.

3. Plumbing Requirements:

a. A temperature and pressure relief valve shall be provided for all water heaters in accordance with the provisions of California Plumbing Code section 505.3 or any successor statute or regulation.

b. Water heaters shall be seismically braced with a minimum of two (2) straps in accordance with the provisions of California Plumbing Code section 510.5.1 or any successor statute or regulation.

c. Water heaters shall be properly vented to the outside in accordance with the requirements of California Plumbing Code section 512 or any successor statute or regulation.

d. Water heaters shall be provided with sufficient combustion air in accordance with the requirements of California Plumbing Code section 507.0 or any successor statute or regulation.

e. Potable water shall have backflow protection where necessary to prevent potential cross connection (contaminating potable water with nonpotable water or other pollutants) in accordance with the requirements of California Plumbing Code sections 602 and 603 or any successor statutes or regulations.

f. Dishwashers shall be connected to the drainage system through an approved air gap fitting in accordance with the requirements of California Plumbing Code section 807.4 or any successor statute or regulation.

4. Mechanical Requirements:

a. Habitable areas shall be provided with permanent heating facilities capable of maintaining a temperature of seventy degrees Fahrenheit (70°F) at a height of three feet (3') above the floor in accordance with the requirements of uniform code for building conservation section 701.4 and California Building Code section 310.11 or any successor statutes or regulations.

b. Gas heating equipment shall be properly vented to the outside in accordance with California Mechanical Code section 801 or any successor statute or regulation.

c. Gas heating equipment shall be provided with sufficient combustion air in accordance with the requirements of California Mechanical Code section 701 or any successor statute or regulation.

d. Permanently installed HVAC equipment shall be fastened in place to resist seismic loads in accordance with the requirements of California Mechanical Code section 304.4 or any successor statute or regulation.

5. Structural Requirements:

a. The owner of or applicant for the proposed conversion shall provide a structural analysis report for seismic resistance prepared by a California state licensed engineer or California state licensed architect. Said report shall include, but not be limited to, the following topics:

(1) Cripple wall/anchor bolt (uniform code for building conservation chapter 3)

(2) Soft story (uniform code for building conservation chapter 4)

(3) Nonductile building (uniform code for building conservation chapter 5)

The report shall establish compliance with the structural requirements set forth in the above chapters of the uniform code for building conservation by clearly demonstrating to the satisfaction of the building official that no structural deficiencies exist and no mitigation is required. Alternatively, the owner or the applicant shall submit plans for structural alterations necessary to comply with the structural requirements set forth in those chapters. Said plans shall be prepared in accordance with the requirements in the most recent "Guidelines For Seismic Retrofit Of Existing Buildings" published by the International Conference of Building Officials and shall be submitted to the building official for review and approval.

6. Pest Control Requirements:

a. A licensed exterminator, or equivalent, shall certify that all structures in the building or buildings to be converted is/are free from insect or rodent infestation.

7. Handrail, Guardrail, Stairs, Pool Barriers:

a. At least one handrail shall be provided on all stairs with four (4) or more risers in accordance with the requirements of uniform code for building conservation section 405.1 and California building code section 1003.3.3.6 or any successor statutes or regulations.

b. The vertical rise and horizontal run of a stair shall not vary by more than three-eighths inch (3/8") over a flight of stairs in accordance with the requirements of uniform code for building conservation section 405.1.1 and California building code section 1003.3.3.3 or any successor statutes or regulations.

c. Guardrails shall be provided at any areas adjacent to an opening with a thirty inch (30") drop off or more. The guardrail shall be at least thirty six inches (36") high and shall have openings which do not allow the passage of a four inch (4") diameter sphere in accordance with the requirements of uniform code for building conservation section 405.2 and California building code section 509 or any successor statutes or regulations.

d. Swimming pools shall be enclosed by a barrier in accordance with the provisions of California building code section 3118B or any successor statute or regulation and section 9-1-602 of this code. The barrier shall be at least five feet (5') high, shall have openings that do not allow the passage of a four inch (4") diameter sphere, and shall not be climbable by small children. Gates through the barrier shall be self-closing and latching and must open outward away from the pool. All gate latches shall be located at a height of at least four and one-half feet (41/2').

8. Security Requirements:

a. Openings into individual dwelling units shall comply with the security provisions of the uniform building security code or any successor statutes or regulations.

b. Doors with a deadlock that requires a key to open from the inside shall be replaced with an approved lock in accordance with the requirements of California building code section 1003.3.1.8 or any successor statute or regulation.

c. Required egress windows in sleeping rooms shall not be blocked by a security grill or grate that does not have an approved release device in accordance with the requirements of California building code section 310.4 or any successor statute or regulation.

9. Miscellaneous Requirements:

a. Any construction work requiring a permit that was done without the appropriate permit shall be properly permitted and inspected in accordance with the requirements of the Beverly Hills administrative code set forth in title 9, chapter 1, article 1 of this code.

b. The property shall be maintained in accordance with sections 5-7-3, 5-7-4 and 5-7-5 of this code.

c. The roof of any structure on the property shall be covered to a class A fire retardant roof no later than July 1, 2013, in accordance with the provisions of section 9-1-202 of this code.

d. No certificate of completion for the building being converted shall be issued until the building official has inspected and verified that the building complies with each and every building standard set forth in this subsection A and has assigned addresses for the individual units within the building.

No application to convert an existing multi-family residential apartment building to any form of common interest development or to convert an existing common interest development created prior to January 1, 2006, to any other form of common interest development may be granted a waiver from compliance with any standard required by this subsection A.

B. Building And Zoning Regulations: In addition to the requirements set forth in subsection A of this section, the proposed conversion shall conform to the applicable standards of the city's building code, the city's housing code, the city's fire code and the city's zoning code in effect on the date the city determines the application for conversion is complete. Notwithstanding the foregoing, and subject to the provisions of subsection H of this section, the planning commission may modify or waive one or more of the requirements of this subsection and subsection 10-2-707A of this chapter, for an application to convert a character contributing building to a common interest development, provided, based on a written report from the building official, the planning commission determines that, due to the existing physical limitations of said character contributing building, strict application of the provisions of this subsection would require physical alterations to the structure that would irreparably damage or remove the character defining features of the building, and provided further that the requested waiver does not seek waiver of any mandatory minimum standard required by subsection A of this section.

C. Pest Control: The subdivider shall repair or replace any damaged or infested areas in need of repair or replacement as shown in the structural pest control report required by section 10-2-704.1 of this article to the satisfaction of the city building official.

D. Laundry Facilities: If the proposed conversion will not provide a common laundry area, a laundry area shall be provided in each individual unit. If common laundry areas are provided to serve the entire project, each project shall provide, at a minimum, a laundry area(s) with not less than one automatic washer and dryer for each five (5) units, or fraction thereof, in the project. Notwithstanding the foregoing, the planning commission may modify the requirements of this section for an application to convert a character contributing building to a common interest development, provided the planning commission finds that, due to the existing physical limitations of said character contributing building, strict application of the provisions of this section would require physical alterations to the structure that would irreparably damage or remove the character defining features of the building.

E. Landscape And Open Space Requirements; Installation And Maintenance:

1. Prior to the issuance of the final map for any proposed conversion, the subdivider shall install new landscaping or shall restore existing landscaping, as appropriate, subject to review and approval by the architectural commission in accordance with the approved comprehensive plan for the rehabilitation of the exterior elements of the property as required by subsection G of this section. In addition, all landscaping installed or restored on the project site as part of the comprehensive plan for rehabilitation shall be maintained in perpetuity to achieve a high degree of appearance and quality.

2. The proposed conversion shall comply with all applicable provisions of chapter 3, article 28 of this title with respect to landscaped setbacks, usable open space and/or facade modulation. Notwithstanding the foregoing, for an application to convert a character contributing building to a common interest development, if the subject building has been determined to be a character contributing building in part due to notable semipublic site features, including, but not limited to, courtyards, balconies, open space, building modulation or any other similar characteristics, the planning commission may waive compliance with any of the standards imposed by this subsection, provided the planning commission finds that, due to the existing physical limitations of said character contributing building, strict application of the provisions of this section would require physical alterations to the structure that would irreparably damage or remove the character defining features of the building. Such a waiver shall not exempt the subdivider from architectural review as otherwise required by this code.

F. Condition Of Equipment And Appliances: The developer shall provide a one year warranty to the buyer of each unit at the close of escrow on any dishwasher, garbage disposal, stove, refrigerator, hot water tank, and air conditioner that is provided as a condition of sale or occupancy. At such time as the homeowners' association takes over management of the development, the developer shall provide written certification to the association that any improvements, such as pools and pool equipment (filters, pumps, and chlorinators), spas, saunas and other appliances and mechanical equipment to be owned in common by the association, are in operable working condition.

G. Refurbishing And Restoration: In connection with an application for a tentative map to convert an existing multi- family residential apartment building or a common interest development previously created prior to January 1, 2006, to any form of common interest development, the subdivider shall submit a comprehensive plan for the rehabilitation of the exterior elements of the property. Said comprehensive plan shall provide for the rehabilitation and restoration of each building, structure, fence, patio enclosure, carport, accessory building, sidewalk, driveway, paved area, landscaped area, and additional exterior element of the site, as necessary, to achieve a high degree of appearance, quality and safety, subject to review and approval by the architectural commission. Prior to consideration of the final map, the architectural commission shall review the comprehensive plan and, through its review, shall expressly identify those elements, if any, which the planning commission found contributed to the determination of the project as a "character contributing building" in accordance with section 10-2-707 of this chapter and incorporate measures to ensure that the refurbishment and restoration of those elements preserves said character defining features.

H. Parking:

1. Spaces Required: Off street parking shall be provided in accordance with the applicable provisions of chapter 3 of this title. No open space may be eliminated to expand on site parking. As a condition of approval of the tentative subdivision map, the planning commission may require the subdivider to replace or expand an existing freestanding parking structure pursuant to exceptions as noted in section 10-3-2808 of this title for the replacement or expansion of a nonconforming garage or carport in the rear setback. Notwithstanding the foregoing, in connection with an application to convert a character contributing building to a common interest development, the planning commission may permit the modification of the required number of on site parking spaces and the minimum standards with regard to stall and aisle dimensions for required parking spaces provided the commission finds that, due to the existing physical limitations of said character contributing building, strict application of the provisions of this subsection would require physical alterations to the structure that would irreparably damage or remove the character defining features of the building. Under no circumstances, however, may the planning commission approve an application to convert an existing multi-family residential apartment building or a common interest development previously created prior to January 1, 2006, to a common interest development that provides less than one covered parking space per unit.

2. Assignment And Use Of Required Off Street Parking Spaces: Either the covenants, conditions and restrictions, or similar ownership agreements of the common interest development shall incorporate the following parking requirements:

a. Required off street parking spaces shall be permanently and irrevocably specifically assigned to particular units within the project on the basis of the parking spaces required per unit. For projects where the planning commission has approved less than code required parking, each unit shall be assigned the exclusive right to the use of not less than one specifically designated covered parking space.

b. To the maximum practical extent, the spaces assigned to each unit shall be contiguous.

c. All parking spaces shall be for the use of unit owners.

d. All studio and one bedroom units shall be assigned one parking space and may rent additional spaces from the association as available.

e. The space(s) assigned to a particular unit may not be tandem with the spaces assigned for any other unit.

f. All parking spaces, except those specifically designated for the storage of recreational vehicles, shall be used solely for the purpose of parking motor vehicles as defined by the Vehicle Code of the state of California and shall not be used for trailers, unmounted campers, boats, or other recreational vehicles.

I. Acceptance Of Reports: The final form of the physical elements report and other documents shall be as approved by the director of community development or his/her designee. The reports required by this article, in their accepted form, shall remain on file with the department of community development for review by any interested person and shall be transmitted to the planning commission as part of the application packet submitted for their review.

J. Copy To Buyers: The subdivider shall provide each purchaser of a residential unit with a copy of each report (in its final, accepted form).

K. Long Term Reserves: Prior to approval of the final map, the developer shall prepare and submit a reserve study as required by California Civil Code section 1365 to the director of community development and shall provide purchasers with a disclosure, in the form prescribed by California Civil Code section 1365.2.5 or any successor statute.

L. Submittal Of Budget: Prior to approval of the final map, the subdivider shall submit to the director of community development or his or her designee a copy of the proposed budget for maintenance and operation of common facilities submitted to the California department of real estate, including needed reserves, along with any changes in the budget required by the department of real estate. (Ord. 06-O-2497, eff. 4-6-2006; amd. Ord. 16-O-2719, eff. 1-20-2017)

With regard to all forms of common interest development conversions, the property owner shall be responsible to give each tenant and each prospective tenant all applicable notices as required by this code in accordance with chapter 3, article 2.5 of this title and state law. (Ord. 14-O-2661, eff. 6-20-2014)

The tenant protections set forth in this section shall apply to the conversion of existing multi-family residential apartment buildings or common interest developments created prior to January 1, 2006, to any form of common interest development.

A. Tenant's Right To Purchase: In accordance with the provisions of California Government Code section 66427.1(d) or any successor statute, any tenant shall be given notice of an exclusive right to contract for purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety (90) days from the date of issuance of the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise the right. Evidence of receipt by each tenant shall be submitted prior to approval of the final map. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

B. Temporary Relocation Of Tenants During Construction: If temporary relocation of any tenant is necessary for renovation or rehabilitation of a unit between the date of submission of the tentative map application and the date established for permanent relocation of the tenant, the subdivider shall provide equivalent substitute housing for that tenant and his or her household, at no additional cost to the tenant, during the period that tenant's unit is being renovated or rehabilitated. Such substitute housing shall be within the city limits unless a different agreement is made between the subdivider and the tenant by mutual consent. Any tenant temporarily relocated shall have the right to return to his or her former unit until the expiration of all rights granted to such tenant under this code and applicable provisions of state law. The obligation to relocate the tenant to alternate housing imposed on the subdivider by this section shall only apply if the unit being renovated or rehabilitated is not habitable during such construction. The final determination of habitability and suitability shall be made by the city's building official or his or her designee. The subdivider shall avoid the economic displacement of nonpurchasing tenants in accordance with California Government Code section 66427.5 or any successor statute.

C. Lease Period For Senior Tenants: In accordance with Government Code section 7060.4, any tenant who is sixty two (62) years of age or older or is disabled and has lived in an apartment for at least one year prior to the date that the landlord delivers notice to the city pursuant to subsection 4-5-511B2 of this code or equivalent notice of an intent to withdraw a unit from the rental market, shall have his or her tenancy extended to one year after the date of delivery of that notice to the city, provided that the tenant gives written notice of his or her entitlement to an extension to the landlord within sixty (60) days after the date of delivery to the city of the notice. In that situation, the following provisions shall apply: 1) the tenancy shall be continued on the same terms and conditions as existed on the date of delivery of the notice, 2) no party shall be relieved of the duty to perform any obligation under the lease or rental agreement.

D. Relocation Benefits:

1. Relocation Fee Required: Any subdivider who serves a notice of intent to convert on tenants pursuant to section 10-2-710 of this chapter shall pay a relocation fee to each tenant in accordance with the provisions of this section. Such relocation fee shall be due and payable to each tenant who is not in default under his or her tenancy and does not exercise his or her right to purchase his or her unit unless the subdivider notifies each tenant in writing of the withdrawal of the notice of intent to convert prior to such time as the tenant has: a) given the subdivider notice of his or her last date of occupancy, or b) vacated his or her unit if such notice of the last date of occupancy is not given by the tenant. The subdivider must file a copy of such withdrawal notice with the director of community development within one week after serving such notice on the tenant.

2. Amount Of Fee: The relocation fee due each tenant shall be calculated as follows:

a. Tenants Who Vacate Without Extending Tenancy: For any tenant who vacates his or her unit without electing to extend his or her tenancy pursuant to subsection C of this section, the relocation fee shall be calculated as provided in section 4-5-605 of this code for rent stabilization units.

b. Tenants Who Extend Tenancy: For any tenant who elects to extend his or her tenancy under subsection C of this section, the relocation fee shall be limited to the actual cost of moving not to exceed a maximum of five thousand dollars ($5,000.00) per tenant household.

c. Annual Adjustments: The amount of relocation assistance established by this section shall be increased annually by an amount equal to the annual increase in the "Consumer Price Index For All Urban Consumers For The Los Angeles-Riverside-Orange County Areas" (the "CPI"), including all items as published by the U.S. bureau of labor statistics as of March 1 of each year. For the purposes of this article, the CPI change will be measured from January 1 to January 1.

3. Time Of Payment: The relocation fee or pro rata share thereof shall be paid to any tenant who vacates the apartment unit at the time he or she vacates said unit.

4. Applicability: Those parties who lease a unit in a building being converted to a common interest development subsequent to the date the application for conversion is determined by the city to be complete shall not be eligible to receive relocation benefits in accordance with this subsection D; provided the subdivider gave such parties written notice of the pending application for conversion at the time such parties entered their respective leases. Such notice shall comply with the requirements of California Government Code section 66452.8(b) or any successor statute. If the subdivider fails to give notice pursuant to this section, the subdivider shall pay to each such party who becomes a tenant, and who was entitled to such notice, and who does not purchase his or her unit pursuant to subsection A of this section, an amount equal to two (2) times the monthly rent for moving expenses.

E. Limitations On Evictions: No tenant shall be evicted as the result of the conversion of an existing apartment building to a common interest development pursuant to this article for at least one hundred eighty (180) days from approval of the final map for the project and the expiration of the ninety (90) day period of the exclusive option to purchase the unit described in subsection A of this section as provided by California Government Code section 66427.1 or any successor statute. The protections afforded tenants by this subsection shall only extend to tenants who are not in default under their rental agreement.

F. Grounds For Denial: If the planning commission makes any of the following determinations, that determination may serve as prima facie evidence that the proposed tentative map is not consistent with the city's general plan.

1. The planning commission determines that during the one hundred eighty (180) days prior to filing a notice of intent to convert pursuant to section 10-2-710 of this article vacancies in the project have been unlawfully increased, or elderly or permanently disabled tenants unlawfully displaced or discriminated against in leasing units, or unlawful evictions have occurred for the purpose of preparing the building for conversion.

2. The planning commission determines that during the one hundred eighty (180) days prior to filing a notice of intent to convert pursuant to section 10-2-710 of this article, rents in the project have been increased in excess of the increases permitted by chapter 5 or chapter 6 of title 4 of this code, as applicable.

3. The planning commission determines that the subdivider has knowingly submitted incorrect information (to mislead or misdirect efforts by agencies of the city in the administration of this code).

4. The planning commission determines, based on a report from the building official, that the residential rental units in the project have not been maintained to the standard of habitability prescribed by section 1941 of the California Civil Code.

If the tentative map is disapproved on any of the grounds set forth in this section, the subdivider may not reapply for eighteen (18) months from the date of denial. In evaluating the determination under subsections F1 and F2 of this section, the increase in rental rates for each unit over the preceding five (5) years and the average monthly vacancy rate for the project over the preceding three (3) years shall be considered. In the evaluating displacement of elderly tenants, any such displacements over the preceding three (3) years, and the reasons therefor, shall be considered. (Ord. 06-O-2497, eff. 4-6-2006)

A. Annual Limitation: An annual limitation is hereby imposed on the conversion of existing residential rental units to common interest developments. Said limitation shall be as follows:

1. Character Contributing Buildings: For buildings designated as character contributing buildings in accordance with section 10-2-707 of this article, applications for conversion up to an aggregate maximum of one and one-half percent (1.5%) of the existing multi-family residential rental stock as of January 1 of each calendar year may be approved by the planning commission in any calendar year.

2. All Other Multi-Family Residential Buildings: For all multi- family residential buildings other than character contributing buildings, applications for conversion up to an aggregate maximum of one-half percent (0.5%) of the existing multi-family residential rental stock as of January 1 of each calendar year may be approved by the planning commission in any calendar year.

The actual physical number limit for each category of conversion shall be determined annually by the director of community development or his or her designee and shall be made available in the department of community development. The planning commission may consider a request to exceed the foregoing annual limitations on conversions in conjunction with an application for a density bonus permit pursuant to article 15.2 of chapter 3 of this title.

Notwithstanding the foregoing, in applying the annual limitations established by this section, an application to convert existing residential rental units to common interest developments may be approved for a specific project even if such conversion would exceed the applicable limitation for that category of conversions for the current calendar year, provided that at least fifty percent (50%) of the residential rental units in the project to be converted can be accommodated under the remaining annual limitation for said category for that calendar year, and further provided that granting the approval to allow the conversion of the residential rental units in the project will not cause the annual limitation established by this section to be exceeded by more than fifty (50) units for said category of conversions for the calendar year.

B. Waiting List: If an applicant for a tentative map to convert an existing residential rental unit to a common interest development is denied such permit or entitlement because of the provisions of this section, the applicant shall be placed on a waiting list. Applicants on the waiting list shall have priority over all other applicants for available permits or entitlements, with order of priority determined by the date the city determines that the original application is complete. An applicant on the waiting list shall be notified by the director of community development or his/her designee of the first available time which such permit or entitlement could be issued. Such applicant shall have two (2) weeks from the date of such notice to notify the director of community development or his/her designee of the applicant's intent to accept such permit or entitlement. Failure to respond to the notice of the director of community development or his/her designee within such time shall be deemed to be notice of intent of such applicant not to accept such permit or entitlement, and such applicant's name shall be removed from the waiting list. Upon receipt of notice of intent not to accept such permit or entitlement, or if two (2) weeks have passed from the date of the notice of availability without a response from such applicant, the director of community development or his/her designee shall notify the next applicant on the waiting list to whom such permit or entitlement could be issued.

C. Exemption: The provisions of this section shall not apply to the demolition of the existing residential rental units where such demolition is necessary in order to accommodate the construction of new residential rental housing units. (Ord. 06-O-2497, eff. 4-6-2006)

If requested in writing by either the applicant for a proposed conversion or by an existing tenant in the building being converted (collectively, the "parties"), city staff shall assist the parties in setting up a voluntary conflict resolution process acceptable to both parties to resolve any landlord/tenant issues that arise during the conversion process. (Ord. 06-O-2497, eff. 4-6-2006)

Notwithstanding any other provision of this article, if a common interest development created prior to January 1, 2006, satisfies each of the mandatory minimum standards required by subsection 10-2-709A of this article, said common interest development may be converted to another form of common interest development without otherwise complying with the provisions of this article. (Ord. 06-O-2499, eff. 4-6-2006)