Article 6 — Condominium Conversions

(a)

The City Council finds that it is desirable to maintain a balanced housing program to accommodate the needs of all segments of its citizenry. The purpose of this article is to:

(1)

Establish regulations in conformance with the housing element of the City's general plan relating to the conversion of existing multiple-dwelling residential apartment units to condominiums;

(2)

Ensure a reasonable balance of rental and ownership housing in the City and a variety of individual choices of the tenure, type, price, and location of housing

(3)

Maintain a supply of rental housing for low- and moderate-income persons; and

(4)

Mitigate the displacement of long-term residents who may be required to relocate from the community due to a shortage of replacement rental housing.

(b)

The City Council finds that when the number of vacant apartments offered for rent or lease is less than three (3) percent of the total number of apartment units in the City, or when the number of vacant apartments offered for rent at similar rental rates and of a similar type is less than fifty (50) percent of the total number of the apartments to be converted to condominiums, a housing shortage exists which is inconsistent with the purposes of this article and with the goals and objectives established by the housing element of the general plan. The City Council also finds that the conversion of existing apartment buildings into condominiums diminishes the supply of rental housing and displaces residents who are forced to move outside the City when a housing shortage exists. For such reasons, condominium conversions will be permitted only when no housing shortage exists and when the conversion is consistent with the purposes of this article. No application for the approval of a tentative map for a condominium conversion may be filed while such housing shortage exists.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

"Apartment" shall mean a rental dwelling unit in a structure designed or used to house two (2) or more families living independently of each other.

"Condominium" shall mean a separately owned dwelling unit in a building containing two (2) or more units, as defined in Section 783 of the Civil Code of the State.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Tentative map.

(1)

An applicant for the approval of a condominium conversion shall provide the City with a tentative map as described in Section 9-7.301 of this chapter.

(b)

Economic and demographic information.

(1)

An applicant for the approval of a condominium conversion shall also provide the City with specific information concerning the economic and demographic characteristics of the project.

(c)

Structural report.

(1)

The following reports shall be submitted to the City by an applicant:

a.

A report detailing the structural condition of each building and structure on the property, including foundations, electrical, plumbing, utilities, walls, roofs, ceilings, windows, recreational facilities, sound transmission of each building, mechanical equipment, parking facilities and appliances, with specific reference to the extent any condition existing on the property is unsafe or dangerous, and proposed corrective measures to be employed;

b.

A structural pest report, prepared by a licensed structural pest control operator, relating to the presence or absence of wood-destroying pests or organisms; and

c.

A report showing that the wall separation and the floor and ceiling separation between the units meet the soundproof standards of the current Uniform Building Code requirements adopted by the City.

(2)

If such report shows that such standards are not met, the applicant shall enter into an agreement with the City, secured in the manner provided in Sections 66499 through 66499.10 of the Government Code of the State, to correct the conditions within a stated period of time. Alternately, the City may require the applicant to enter into an agreement in recordable form providing that no sale of a condominium may close until the soundproof standards are met or until cash in the amount of the cost of the improvements is on deposit and guaranteed for expenditure for such purpose.

(d)

Declarations of covenants, conditions and restrictions.

(1)

At the time of filing the tentative map, the applicant shall provide a declaration of covenants, conditions, and restrictions for the condominium conversion which declaration shall include:

a.

An agreement for the maintenance of common areas, including facilities and landscaping, together with an estimate of the initial assessment fees anticipated for the maintenance;

b.

Access for Construction, Maintenance, or Repairs. Each Owner and the Homeowners' Association shall have an easement for entry upon any privately owned unit, where necessary, in connection with construction, maintenance, or repair for the benefit of the Common Area or the owners of the units in common;

c.

Provisions for the maintenance of vehicular access areas within the project and of all utility lines and services for each unit;

d.

Right to Terminate Management and Maintenance Contracts. Unless otherwise prohibited by law, or any local, state, or federal regulation, reference shall be made to the Homeowners' Association's right to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three (3) months after the Homeowners' Association assumes control of the project, or at that time renegotiate any such contracts; and

e.

Amendments to Covenants, Conditions, and Restrictions. A statement that the covenants, conditions, and restrictions shall not be amended, modified, or changed without first obtaining the written consent of the City.

(e)

Other required information.

(1)

In addition to the information required by this article, the applicant may be required to submit other information which, in the opinion of the Community Development Director, will assist in determining whether the proposed conversion is consistent with the purpose of this article.

(f)

Filing fees.

(1)

A filing fee fixed by the City Council shall be submitted with the documents listed above.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

No application for a condominium conversion may be approved unless the project meets the following standards:

(1)

Insulation. Each unit shall conform to the current noise and energy insulation standards under the Uniform Building Code as adopted by the City or other applicable laws or regulations. If the current standards cannot reasonably be met, the City may vary the standards where permitted by law to do so, and in this event the City shall require the applicant to notify potential buyers of the deficiency. However, soundproof standards may not be waived or varied, and the procedures set forth in Section 9-7.603(c)(1)c. of this article shall be followed.

(2)

Fire safety. Each unit shall meet the City standards for one-hour fire separation between the common walls of individual units, including the attic space. Each unit shall have at least one approved smoke detector, capable of detecting products of combustion other than heat, which is installed in accordance with City requirements.

(3)

Utilities. Each dwelling unit shall be separately metered for gas, electricity and water, unless the City approves a plan for the equitable sharing of communal metering. Separate water shut-off valves shall be provided for each unit or for each individual fixture.

(4)

Recycling and trash areas. Each area for recycling and trash placement and pickup shall be adequately designated. All recyclables and refuse shall be removed on a regularly scheduled basis from the premises.

(5)

Vibration mitigation. Permanent mechanical equipment which the Building Inspector determines is a potential source of vibration or noise shall be shock-mounted or otherwise mounted in a manner approved by the Building Inspector to lessen the transmission of vibration and noise.

(6)

Directories. Addresses for all units and directory maps, if found by the City to be necessary, shall be prominently displayed at appropriate places of public or private access within or adjacent to the project.

(7)

Laundry facilities. There shall be provisions in each dwelling unit for a washer and dryer, or a laundry room with one washer and one dryer shall be provided for every four (4) dwelling units.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Notice to tenants shall be provided as required in Section 66427.1 of the Subdivision Map Act. At least three (3) days before any hearing or action on a proposed tentative map for a conversion, the Community Development Department shall provide a copy of the staff report to the subdivider and to each tenant of the property:

(1)

Notice of intent. The subdivider shall deliver a notice of intent to convert to each tenant at least sixty (60) days prior to filing of the tentative map. The form of the notice shall follow the requirements of Section 66452.9 of the Subdivision Map Act and be approved by the Community Development Director.

(2)

Notice of public report. Each tenant shall receive ten (10) days' written notice that an application for a public report will be or has been submitted to the Department of Real Estate and that such report will be available on request.

(3)

Notice of final map approval. Each tenant shall receive written notification within ten (10) days of approval of a final map for the proposed conversion.

(4)

Tenant's right to purchase. Any present tenant shall be given notice of an exclusive right to contract for the 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.

(5)

Vacation of units. Each tenant not in default under the obligations of the rental agreement or lease under which he/she occupies his/her unit shall be given 180 days' written notice of intention to convert his or her unit prior to termination of tenancy. The subdivider shall notify each tenant immediately prior to the time of final map approval of the anticipated date required to vacate the unit. Evidence of receipt by each tenant shall be submitted prior to approval of the final map.

(6)

No increase in rents. The rents charged tenants at the time when a completed tentative map application was accepted by the Community Development Department shall not be increased for two (2) years from that acceptance time, or until the unit is sold or the subdivision is denied, withdrawn or reverted to acreage. The increase in rent on a unit which has been vacated after receipt of the application by the Community Development Department shall not be subject to control.

(7)

Notice to new tenants. At least thirty (30) days prior to the filing of the tentative map, the subdivider shall give notice of the filing of the map to each person applying after such date for rental of a unit immediately prior to acceptance of any rent or deposit. The notice shall be in the form outlined in Section 66452.8(b) of the Subdivision Map Act and shall advise the prospective tenant that notice will be provided at least 180 days prior to the actual conversion. If the subdivider fails to give notice in accordance with this section, he or she shall pay to each prospective tenant who becomes a tenant and who was entitled to such notice and who does not purchase his or her unit, an amount equal to two (2) times monthly rent for moving expenses.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

The City shall deny the approval of an application for a condominium conversion unless the City finds that:

(1)

The proposed conversion is compatible with the objectives, policies, elements, and programs established by the general plan and any applicable specific plan;

(2)

The design and improvement of the project is consistent with the general plan and applicable specific plans;

(3)

The design of the project creates an acceptable balance between, and provides reasonable relationships among, the structures and their units, private yard areas, open spaces, parking areas, and recreational facilities;

(4)

The proposed conversion is consistent with the purpose of this article; and

(5)

The proposed conversion is consistent with the health, safety and welfare of the residents of the City.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

The City may impose any conditions it considers necessary to ensure that the project will conform to the requirements of this article.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)