Chino Municipal Code Ch. 19.10 Residential Condominium, Community Apartment and Stock Cooperative…

A. Purpose. The purpose of this chapter regulating condominium conversion is:

1. To establish criteria for the conversion of existing multiple-family rental housing or to condominiums, community apartments and/or stock cooperative apartments.

2. To ensure that converted housing achieves high quality appearance and safety and is consistent with the goals of the general plan.

3. To attempt to provide a reasonable balance of ownership and rental housing in Chino and a variety of choices of tenure, type, price and location of housing.

4. To ensure that the purchasers of converted housing have been properly informed as to the physical condition of the structure this is offered for purchase.

5. To ensure compliance with all requirements of all building and fire codes, zoning provisions and other applicable local laws and regulations and, in addition, conformance to and accordance with all local state requirements in effect at the time of filing of the tentative maps for such conversions.

B. Other applicable regulations. All residential condominium conversion projects shall be subject to all applicable provisions of the California State Subdivision Map Act, this title and Titles 15 and 20 of the Chino Municipal Code.

(Ord. 2010-07, § 1(exh. A), 2010.)

All condominium conversion applications shall consist of the following:

A. Subdivision application. A subdivision application, as required by this title.

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

1. Engineer's report. A report by a licensed engineer detailing the structural condition of all elements of the property including foundations, electrical, plumbing, utilities, walls, ceiling, windows, recreational 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 condition of each element; when said element was replaced; the approximate condition of each element; the approximate date upon which said application for conversion was filed and accepted by the city. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed.

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

3. Soil report. A soil and geological hazard report prepared by a licensed engineer in compliance with Section 19.08.010 of this title.

4. Repairs report. 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.

C. Notice to tenants. The subdivider must supply proof of all written notices as required by the Subdivision Map Act for conversion projects as listed in Subsection 19.11.030C. of this title.

D. Plot plan and description. The subdivider must provide a plot plan and description of the project, including:

1. The location and sizes of existing and proposed structures, including the square footage of each building and each unit.

2. Proposed parking layout and access areas, including total number of parking spaces, identifying compact and loading spaces.

3. Proposed landscaping, including total area of site to be landscaped.

4. A proposal for allocation of signage, based on the sign requirements of Title 16 of the Chino Municipal Code.

5. Proposed sewer, water and storm drains.

6. Any other information required by the City of Chino.

E. Proposed declaration. The subdivider must provide a proposed declaration, as required by California Civil Code Section 1353. The declaration must include an agreement for the creation of an association responsible for common area maintenance, a clear designation of parking and signage rights, and a method for resolving differences.

F. Application for special conditional use permit. The subdivider must apply for a special conditional use permit for the conversion pursuant to Section 20.22.070 of the Chino Municipal Code.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Division of airspace not required. A map of a condominium project, a community apartment project or stock cooperative project need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided. The City of Chino does not have the right to refuse approval of a parcel, tentative or final map of the project based on the manner in which this airspace is divided or any of the provisions listed in Section 66472 of the Subdivision Map Act.

B. Reduction of units. No application for the approval of a tentative or vesting tentative map for a project subject to the provisions of this chapter will be filed and/or accepted if the conversion will reduce the total number of apartment units in complexes of twelve or more units within the city to below one thousand three hundred units. An apartment complex shall consist of a grouping of apartments constructed as one development by one developer or group of developers, regardless of subsequent parcelization of the property.

C. Notification and hearing requirements. The planning commission shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project, unless the subdivider shows that the following notification procedures have been fulfilled:

1. Each of the tenants or prospective tenants of the proposed condominium, community apartment project, or stock cooperative project has received or will receive each of the notices included in Chapter 3 of the Subdivision Map Act, including the following:

a. Written notification, pursuant to Sections 66452.8 and 66452.9 of the Subdivision Map Act, of intention to convert, provided at least sixty days prior to the filing of a tentative map.

b. Written notification at least ten days prior to the date of the public hearing at which the planning commission will review the special conditional use permit for a condominium conversion in compliance with Sections 65090 and 65091 of the California Government Code. Notice shall also be mailed to the owner of the subject property, as well as all property owners within three hundred feet of the subject property, as shown on the last equalized tax assessor roll. In addition, a notice of public hearing shall be published once in the newspaper of general circulation at least ten days prior to the hearing.

c. Ten days' written notification that an application for a public report will be, or has been, submitted to the department of real estate, that the period for each tenant's right to purchase begins with the issuance of the final public report, and that the report will be available on request.

d. Written notification that the subdivider has received the public report from the department of real estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the department of real estate.

e. Written notification within ten days after approval of a final map for the proposed conversion.

f. Upon approval of a final map for the proposed conversion, written notification shall continually be delivered to all prospective tenants prior to execution of rental agreement using the form in Section 66459(a) of the Subdivision Map Act. Failure to do so will not be grounds to deny the conversion but will require the subdivider to pay each prospective tenant who was entitled to that notice an amount as indicated in Section 66459(f) of the Subdivision Map Act.

g. One hundred eighty days' written notice of intention to convert, provided prior to termination of tenancy due to the conversion or proposed conversion pursuant to Section 66452.11 of the Subdivision Map Act, but not before the local authority has approved a tentative map for the conversion. The notice given pursuant to this subsection shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the California Civil Code.

h. Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in Section 11018.2 of the California Business and Professions Code, and shall run for a period of not fewer than ninety days, unless the tenant gives prior written notice of his or her intention not to exercise the right. Notice shall be given using the form included in Section 66452.12(b) of the Subdivision Map Act.

2. If a rental agreement was negotiated in a language other than English, all required written notices regarding the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project shall be issued in that language.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Notice to tenants. The developer shall notify current and potential tenants according to Subsection 19.10.030C. of this chapter and the Subdivision Map Act.

B. Rights of tenants.

1. Tenants right to purchase. As provided for in Government Code Section 66427.1(b), 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 sixty days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code unless the tenant gives prior written notice of his intent not to exercise the right.

2. Vacation of units. Each nonpurchasing tenant, not in default under the obligations of the rental agreement or lease under which he occupies the unit, shall have not fewer than one hundred eighty days from the date of receipt of notification from the owner of his intent to convert or from the filing date of the final map, whichever date is later, to find substitute housing and to relocate. Tenants shall have the right to terminate leases at any time after receiving the notice.

3. Increase in rents. From the date of submittal of the tentative or vesting tentative map until the sale of the unit, no tenant's rent shall be increased more frequently than once every twelve months, and at a rate greater than the Consumer Price Index as compiled by the Federal Bureau of Labor Statistics. This limitation shall not apply if rent increases are provided for in leases or contracts in existence prior to the filing date of the tentative map.

4. Notice to new tenants. After submittal of the application to convert, any prospective tenants shall be notified in writing by the developer of the intent to convert prior to leasing or renting any unit and shall not be subject to the provisions of Subsection B.3. of this section.

5. Senior citizens, the handicapped and disabled. The developer shall be required to retain ownership of units occupied at the time of filing of the tentative map by senior citizens (sixty-two years of age or older) or the handicapped (as defined by Section 50072 of the Health and Safety Code) or the disabled (as defined by Section 223 of the U.S. Social Security Act) for a period of one year from the date of planning commission approval.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Approval by planning commission. The planning commission shall conform to the standards of this section in approving a tentative map or a special conditional use permit for a residential condominium, community apartment project, or a stock cooperative project conversion.

B. Building and physical standards.

1. The condominium, community apartment project, or a stock cooperative project conversion project, and all individual units and common areas contained therein, shall comply with all existing and current zoning, building (including energy conservation and sound transmission), fire and subdivision requirements unless legally nonconforming.

2. The condominium, community apartment project, or a stock cooperative project conversion project shall comply with all provisions of Chapter 15.48 of the Chino Municipal Code relating to security standards to the extent possible, as determined by the director of community development.

3. The consumption of gas, electricity and water within each unit shall be separately metered so that the unit owner can be separately billed for each unit. Each unit shall have its own panel, or access thereto, for all electrical circuits which serve the unit. The requirements of this subsection may be waived where the planning commission finds that such would not be practicable and the developer submits an alternative plan approved by the planning commission.

4. The electrical, plumbing, mechanical, fire and life safety systems of the structure shall be placed in a condition of good repair and maintenance.

5. The buildings and facilities shall be upgraded to meet the requirements of the noise element of the Chino General Plan. The planning commission may require additional insulation or other upgrades to reduce noise to an acceptable level.

6. The developer shall dedicate land or easements for street widening, public access or other public purposes in connection with the project where determined necessary by the planning commission and in conformance with this Code.

7. All on-site and adjacent overhead utility service lines and poles shall be converted to an underground system consistent with Title 13 of the Chino Municipal Code.

8. All main buildings, structures, fences, patio enclosures, carports, irrigation systems, landscaped areas, accessory buildings, sidewalks, driveways and additional elements as required by the planning commission shall be refurbished and restored as necessary to achieve high quality appearance and safety.

9. If the park fee has not previously been paid for the subject residential units, the fee shall be paid prior to the recordation of the final map, as applicable as stated in Section 66477 of the California Government Code.

10. The developer shall provide prospective buyers with the following information:

a. A statement as to the general plan projections and zoning of the subject and surrounding properties and a statement that additional information may be obtained at the planning division at city hall, consistent with the information described in Section 5.04.220 of the Chino Municipal Code.

b. A copy of the physical elements report.

c. A copy of the covenants, conditions and restrictions and maintenance plan.

11. Other conditions may be applied as deemed necessary by the planning commission to further the intent of this Code.

C. Securities and penalties. All improvements and alterations pursuant to this title and planning commission approval shall be made prior to the approval of the final or parcel map or, upon approval of the director of community development, a deposit shall be made with the city to assure the completion of such work prior to the closing of escrow of any unit in the project. The deposit shall be accompanied by an agreement by the developer and owner of the subject property in a form to be approved by the city attorney, guaranteeing completion of the work.

(Ord. 2010-07, § 1(exh. A), 2010.)

The planning commission shall not approve a tentative map or a special conditional use permit for a residential condominium, community apartment project, or a stock cooperative project conversion unless the planning commission finds that:

A. Not detrimental. All provisions of this chapter are met and the project will not be detrimental to the health, safety and general welfare of the community.

B. Consistency with general plan. The proposed conversion is consistent with the Chino General Plan.

C. Conformity with title. The proposed conversion will conform to this title in effect at the time of approval, except as otherwise provided in this chapter.

D. Housing diversity. The condominium, community apartment project, or a stock cooperative project conversion will not have an adverse effect on the diversity of housing types available in the community.

(Ord. 2010-07, § 1(exh. A), 2010.)