Camarillo Municipal Code Ch. 18.50 Condominium Conversion

The purpose of this chapter is as follows:

A. To establish criteria for the conversion of the existing multiple family rental housing to condominiums, community apartments, stock cooperatives and any other subdivision which is a conversion of existing rental housing;

B. To reduce the impact of such conversions on residents in rental housing who may be required to relocate due to the conversion of apartments to condominiums by providing for procedures for notification and adequate time and assistance for such relocation;

C. To assure that purchasers of converted housing have been properly informed as to the physical conditions of the structure which is offered for purchase;

D. To ensure that converted housing achieves a high degree of appearance, quality and safety and is consistent with the goals of the city;

E. Attempt to provide a reasonable balance of ownership and rental housing in Camarillo and a variety of choices of tenure, type, price and location of housing;

F. Attempt to maintain a supply of rental housing for low- and moderate-income persons.

(Ord. 570 § 3 (part), 1984.)

In addition to the requirements and procedures as set forth by this title and the State Subdivision Map Act, conversions of existing multiple family rental housing condominiums, community apartments, stock cooperatives and any other subdivision which is a conversion of existing rental housing shall be subject to the additional requirements provided by this chapter.

(Ord. 678 § 23, 1989: Ord. 570 § 3 (part), 1984.)

A report on the physical elements of all structures and facilities shall be submitted with the tentative subdivision or parcel map. The report shall include, but not be limited to, the following:

A. A report detailing the structural condition of all elements of the property, including foundations, electrical, plumbing, utilities, walls, ceilings, windows, recreational facilities, sound transmission of each building, mechanical equipment, parking facilities and appliances.

Regarding each such element, the report shall state, to the best knowledge or estimate of the applicant, when such element was built; the conditions of each element; when said element was replaced; the approximate date upon which said element will require replacement; the cost of replacing said element; and any variation of the physical condition of said element from the current zoning and city building code in effect on the date that the last building permit was issued for the subject structure. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed;

B. A report from a licensed structural pest control operator, approved by the city, on each structure and each unit within the structure;

C. 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. Reference shall be made to any previous soils reports for the site and a copy submitted with said report;

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

(Ord. 570 § 3 (part), 1984.)

A. A declaration of covenants, conditions and restrictions which would be applied on behalf of any and all owners of condominium units within the project. The declaration shall include, but not be limited to, the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for such maintenance, description of a provision for maintenance of all vehicular access areas within the project; an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit;

B. Specific information concerning the demographic characteristics of the project, including, but not limited to, the following:

1. Square footage and number of rooms in each unit;

2. Rental rate history for each type of unit for previous five years;

3. Vacancy rate in the city for each month during preceding two years;

4. Makeup of existing tenant households, including family size, length of residence, age of tenants, and whether receiving federal or state rent subsidies;

5. Proposed sale price of units;

6. Proposed homeowners' association fee;

7. Financing available; and

8. Names and addresses of all tenants.

When the subdivider can demonstrate that such information is not available, this requirement may be modified by the planning and community development department;

C. Signed copies from each tenant of notice of intent to convert, as specified in Section 18.50.110. The subdivider shall submit evidence that a certified letter of notification was sent to each tenant for whom a signed copy of said notice is not submitted;

D. Any other information which, in the opinion of the planning and community development department, will assist in determining whether the proposed project will be consistent with the purposes of this chapter.

(Ord. 570 § 3 (part), 1984.)

The final form of the physical elements report and other documents shall be as approved by the city. The reports in their acceptable form shall remain on file with the planning and community development department for review by any interested persons. The report shall be referenced in the subdivision report to the planning commission.

(Ord. 570 § 3 (part), 1984.)

The subdivider shall provide each purchaser with a copy of all reports (in their final, acceptable form), except the information required by Section 18.50.040(B) and (C) prior to said purchaser executing any purchase agreement or other contract to purchase a unit in the project, and said developer shall give the purchaser sufficient time to review said reports. Copies of the reports shall be made available at all times at the sales office and shall be posted at various locations, as approved by the city, at the project site.

(Ord. 570 § 3 (part), 1984.)

In conjunction with tentative map and tentative parcel map approval, the planning commission and city council will hold a public hearing. Notice of each hearing will be provided in accordance with Sections 19.84.030 and 19.84.040 of this code.

(Ord. 570 § 3 (part), 1984.)

(Ord. No. 1153, § 4(B), 5-25-2018)

Prior to the close of escrow on the last unit and yearly until such time, the subdivider shall submit the following information to the planning and community development department:

A. Name, address and phone number of homeowners' association;

B. Actual sale price of units;

C. Actual homeowners' association fee;

D. Number of prior tenants who purchased units;

E. Number of units purchased with intent to be used as rentals.

(Ord. 570 § 3 (part), 1984.)

A. To achieve the purpose of this chapter, the city council shall require that all condominium conversions conform to this code, in effect at the time of tentative map approval except as otherwise provided in this chapter.

B. All provisions of this code must be met and violations corrected prior to the approval of the final map, or upon approval of the planning and community development department, funds shall be adequately escrowed or bonded to assure completion of such corrective work, prior to the closing of escrow of any unit in the project.

(Ord. 570 § 3 (part), 1984.)

The city council shall require conformance with the following standards in approving the map:

A. Building Regulations. The project shall be found to be in compliance with the Uniform Building Code, Chapter 16.04 of this code, in effect on the date that the last building permit was issued for the subject structure or structures except as herein provided.

B. Fire Prevention.

1. Smoke Detectors. Each living unit shall be provided with approved detectors of products of combustion other than that conforming to the latest Uniform Building Code standards, mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes.

2. Maintenance of Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protective appliances shall be retained in an operable condition at all times.

C. Sound Transmission.

1. Shock Mounting of Mechanical Equipment. All permanent mechanical equipment, such as motors, compressors, pumps and compactors, which is determined by the building official to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the building official.

2. Noise Standards. The structure shall conform to all exterior and exterior sound transmission standards of Chapter 35 (Appendix) of the Uniform Building Code and Chapter 16.04 of this code. In such cases where present standards cannot reasonably be met, the standard may be modified by the city council, and it may require the applicant to notify potential buyers of the noise deficiency currently existing within these units.

D. Utility Metering.

1. Each dwelling unit shall be separately metered for gas, water and electricity. Where the subdivider can demonstrate that the standard cannot be reasonably met, the standard may be modified by the city council.

2. If the development cannot be reasonably converted to individual meters for buildings constructed prior to this title, then the city or water purveyor shall bill against the master meters at the rate charged to individually metered single-family residential units. The CC and R's (covenants, conditions and restrictions) shall contain a system for equitable sharing of communal water metering charges.

3. Similar modifications to the policies may be made by the city council for other utilities.

4. All apartment units constructed after the effective date of the ordinance codified in this title shall be designed to provide for conversion to individual meters.

E. Private Storage Space. Each unit shall have at least two hundred cubic feet of enclosed weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the planning and community development department, but shall not be divided into two or more locations. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the city council.

F. 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. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the city council.

G. Landscape and Irrigation Maintenance. All landscaping and irrigation systems shall be restored as necessary and maintained to achieve a high degree of appearance and quality.

H. Condition of Equipment and Appliances. The developer 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 and air conditioners that are provided are in operable working condition as of the close of escrow. At such time as the homeowners' association takes over management of the development, the developer shall provide written certification to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association is in operable working condition.

I. Refurbishing and Restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, irrigation systems and additional elements as required by the planning and community development department shall be refurbished and restored as necessary to achieve a high degree of appearance, quality and safety.

J. Drainage. Drainage shall be corrected if necessary, at the applicant's expense, in order to comply with the applicable grading standards currently in effect.

K. Water Design. The applicant shall comply with Section VI of the city's water division, Manual of Design and Construction Standards.

(Ord. 678 § 24, 1989; Ord. 570 § 3 (part), 1984.)

A. The applicant shall apply for a code compliance inspection for each dwelling unit.

B. The applicant shall, at his own expense, expose any structural members or electrical, plumbing, or mechanical system, when deemed necessary by the inspector to determine compliance with applicable codes and standards, or to determine the extent of suspected deterioration in such systems or materials.

C. The necessary permits shall be obtained for all repairs and/or modifications.

(Ord. 678 § 25, 1989.)

A notice of intent to convert shall be delivered to each tenant at least sixty days prior to filing of the tentative map. Evidence of receipt by each tenant shall be submitted with the tentative map. The form of the notice shall be as follows:

To the occupant(s) of ___________ (address)

The owner(s) of this building, at (address), plans to file a tentative map with the City, to convert this building to a (condominium, community apartment, or stock cooperative project). You shall be given notice of each hearing for which notice is required pursuant to Section 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing.

__________________ (Signature of owner or owner's agent)

__________________ (date) ;hn0; (Ord. 678 § 26, 1989: Ord. 570 § 3 (part), 1984.)

Any report or recommendation by staff on a tentative map for a conversion shall be served on each tenant of the subject property at least three days prior to any hearing or action on such map by such advisory agency or legislative body.

(Ord. 678 § 27, 1989.)

As provided in Government Code Section 66427.1(d), any present tenant or tenants of any unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public. The right of first refusal shall extend for at least ninety days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later.

(Ord. 570 § 3 (part), 1984.)

Each nonpurchasing tenant not in default under the obligations of the rental agreement or lease under which he occupies his unit, shall have not less than six months from the approval date of the final subdivision map to find substitute housing and relocate. The subdivider shall notify each tenant immediately prior to the time of final map approval of the anticipated date required to vacate the unit and when the six-month period will begin. Evidence of receipt by each tenant shall be submitted prior to approval of the final map.

(Ord. 570 § 3 (part), 1984.)

A tenant's rent shall not be increased for two years from the time of filing of the application by the planning and community development department of the tentative map until the unit is sold or until the subdivision is denied or withdrawn. At the end of the two-year period, rent increases will be limited to the increase in the Consumer Price Index, Los Angeles-Long Beach SMA. The increase in rent on a unit which has been vacated after receipt of the application by the planning and community development department shall be limited to the Consumer Price Index, Los Angeles-Long Beach SMA.

(Ord. 570 § 3 (part), 1984.)

Any nonpurchasing tenant aged sixty-two or older or handicapped or with minor children in school shall be given at least an additional six months beyond the period specified in Section 18.50.130 in which to find suitable replacement housing.

(Ord. 570 § 3 (part), 1984.)

The subdivider shall provide moving expenses of two times the monthly rent to any tenant household living in any unit of the project at least three months' time prior to and on the date of tentative map approval as provided in this title. A tenant moving in after tentative map approval will not be required to be provided with moving expenses. Eligible tenants will receive moving expenses when they relocate, except when the tenant has given notice of his intent to move prior to receipt of notification from the subdivider of his intent to convert. The subdivider shall also provide each tenant with a monthly list of other rentals available in the Ventura County area beginning from the time of tentative map approval until each tenant relocates or decides to purchase a unit.

(Ord. 570 § 3 (part), 1984.)

After submittal of the tentative map, any prospective tenants shall be notified in writing of the intent to convert prior to leasing or renting any unit. The form of the notice shall be as follows:

To the prospective occupant(s) of

___________(address):

The owner(s) of this building, at (address), has filed or plans to file a tentative map with the City to convert this building to a (condominium, community apartment, or stock cooperative project). No units may be sold in this building unless the conversion is approved by the City and until after a public report is issued by the Department of Real Estate. If you become a tenant of this building, you shall be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing.

___________ (Signature of owner or owner's agent)

___________ (dated) I have received this notice on _______ (date).

___________ (Prospective tenant's signature)

(Ord. 678 § 28, 1989: Ord. 570 § 3 (part), 1984.)

At the time of final map approval, all tenant households in which the head of household or spouse is age sixty-two or older shall be offered a lifetime lease with reasonable annual rent increases. Starting rents shall be the rent at the time of tentative map application. Lease forms shall be submitted to the planning and community development department for review prior to final map approval.

(Ord. 570 § 3 (part), 1984.)

At the time of final map approval, all tenant households which meet the income limits of the HUD Section 8 program will be considered low-and-moderate-income households and shall be offered at minimum a three-year lease with reasonable annual rent increases. Starting rents shall be the rent at the time of tentative map application. Lease forms shall be submitted to the planning and community development department for review prior to final map approval.

(Ord. 570 § 3 (part), 1984.)

A. In order to reduce the effect of conversions on the city's housing supply and to minimize the displacement of tenants, the number of conversions shall be limited to no more than five percent of the city's potentially convertible rental stock in any one calendar year. Conversion applications will be processed in the order that completed applications are submitted. A proposed project that has more units than the permitted number of units in a given year, if approved, will be considered to have used the permitted number for as many future years until the number of units equals the permitted number.

B. The potentially convertible rental stock is defined as follows: the number of rental units in buildings of two or more units, as determined by the most recent census, plus any new rental units constructed since the census, minus any units which have received tentative map approval to convert since the census.

C. Once the yearly limit has been reached, a project may be approved for conversion only if the city council makes one or more of the following findings:

1. The developer will provide for a significant increase in housing for low-and-moderate-income households or senior citizen households over and above the provisions of this chapter;

2. The developer will provide for the construction of new rental housing;

3. The developer will donate an acceptable site or an acceptable amount of funds to the city for construction of new rental or senior citizen housing;

4. The need and demand for low cost homeownership to be provided for by this project will outweigh the detriment caused by further reduction of the rental stock.

(Ord. 570 § 3 (part), 1984.)

The city council shall not approve an application for conversion unless the city council finds that:

A. All provisions of this title and the Subdivision Map Act are met, including all notices required pursuant to Government Code Section 66427.1;

B. The proposed conversion is consistent with the city of Camarillo general plan;

C. The proposed conversion will conform to this code, in effect at the time of tentative map approval, except as otherwise provided in this chapter.

D. The overall design and physical conditions of the condominium conversion achieves a high degree of appearance, quality and safety;

E. The proposed project will not convert during the current calendar year more than five percent of the potentially convertible rental units in the city for the current calendar year except as otherwise provided in this chapter.

(Ord. 678 § 29, 1989; Ord. 570 § 3 (part), 1984.)