Chapter 22 — CONDOMINIUMS, TOWN HOUSES, STOCK COOPERATIVES AND COMMUNITY

This chapter is adopted for the purpose of establishing minimum regulations and standards for the conversion and new construction of condominiums, town houses, stock cooperatives and community apartments.

(Ord. No. 333.)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Eligible tenant. Eligible tenant shall mean any tenant who was a resident of the project proposed for conversion or eligible as a special category tenant on the date the use permit request was filed.

Low income. Low income, when used by itself or as a modifier of person or household or other term shall mean eighty percent or less of the median income as established annually by the U.S. Department of Housing and Urban Development for the Sacramento Standard Metropolitan Statistical Area as adjusted for the number of members of the household.

Moderate income. Moderate income, when used by itself or as a modifier of person or household or other term shall mean eighty percent through one hundred twenty percent of the median income as established annually by the U.S. Department of Housing and Urban Development for the Sacramento Standard Metropolitan Statistical Area as adjusted for the number of members of the household.

Unreasonable rent increase. Unreasonable rent increases refer to increases in rent that substantially exceed the housing component of the Housing and Urban Development's Fair Market Rate on an annualized basis and which cannot otherwise be justified by costs of physical improvements to the building or site, repairs for damage, taxes, or other expenses attributable to the operation of the building, or by changes in the market demand for rental housing.

Building of similar size. All residential buildings with two, three, or four dwelling units shall be deemed to be of similar size. All residential buildings with five or more dwelling units shall be deemed to be of similar size.

Condominium conversion shall mean a change in ownership of a parcel or parcels of property, together with structures thereon, whereby the parcel or parcels and structures previously used as rental units are changed to ownership.

Stock cooperative is a corporation owned by residents through shares, the corporation in turn owns the housing complex. The shareholder-owners have the right to exclusive long-term leases in specific individual units of the complex instead of direct ownership of the units. The common property adjacent to the units is also owned by the corporation, with the shareholder-owners enjoying the right to use the area.

Uniform Fire Code (UFC). The most recently adopted code approved by the city council.

Uniform Building Code (UBC). The most recently adopted code approved by the city council.

Community apartment project. A community apartment project is defined as follows:

(a)

Project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment therein (Business and Professions Code Section 11004).

A community apartment project is essentially identical to a stock cooperative. In both, the purchaser obtains an undivided interest in the real property directly or indirectly. Each form of ownership includes rights of use of the common areas, each includes exclusive occupancy right to individual units, and each includes certain additional rights and privileges identical to those of condominium owners. They differ primarily in that the residents, as a group, own the premises in the community apartment project, rather than through a corporation in the stock cooperative form. In addition, the community apartment project is specifically mentioned in the Subdivision Map Act, whereas the cooperative is not specifically mentioned.

Condominium. A condominium is an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include in addition a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either (1) an estate of inheritance of perpetual estate; (2) an estate for life; or (3) an estate for years, such as leasehold or a subleasehold.

As used in this chapter unless the context otherwise requires:

(1)

"Condominium" shall mean a condominium as defined in Section 783 of the Civil Code.

(2)

"Unit" shall mean the elements of a condominium which are not owned in common with the owners of other condominiums in the project.

(3)

"Project" shall mean the entire parcel or real property divided, or to be divided into condominiums, including all structures thereon.

(4)

"Common areas" shall mean the entire project excepting all units therein granted or reserved.

(5)

"To divide" real property shall mean to divide the ownership thereof by conveying one or more condominiums therein but less than the whole thereof.

Stock cooperative. A stock cooperative is defined as follows:

A "stock cooperative" is a corporation which is formed or availed of primarily for the purpose of holding title, either in fee simple or for a term of years to improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy. (Business and Professions Code Section 1103.2)

Stated more simply, cooperative residents own shares in a corporation which owns the housing project, and the shareholders/owners automatically are entitled to exclusive long-term leases in specific individual units in the project. The common areas are also owned by the corporation, rather than the residents, but with rights of use by the shareholder/owners.

(Ord. No. 333.)

(a)

A use permit from the planning commission which may not be issued until the following conditions are met.

(1)

That the proposed conversion is consistent with the General Plan and applicable community and specific plans in effect at the time of the use permit application, especially with the objectives, policies, and programs of the Housing Element of the General Plan designed to provide affordable housing to all economic segments of the population.

(2)

Requirements of Subdivision Map Act (if applicable) (Government Code Section 66424, Civil Code Section 659).

(3)

Approval of California State Department of Real Estate of application, for preliminary subdivision public report (if applicable).

(4)

The proposed organizational documents, including the covenants, conditions and restrictions to be recorded pursuant to Section 1350 et seq. of the Civil Code. The organizational documents shall provide for the following:

a.

Transfer of title to each unit;

b.

Assignment of parking for each owner, and provisions for parking of recreational vehicles;

c.

The management of common areas within the project, and the complex generally;

d.

Anti-discrimination provisions;

e.

Maintenance program and proposed budget which must be practical and provide reserves for roof replacement, elevator repairs, exterior painting and yard and parking maintenance.

(5)

A property report. Each portion of which shall be prepared by an appropriately licensed engineer or contractor describing the condition and estimating the remaining useful life of each of the following elements of each structure situated within the project proposed for conversion: roofs, foundations, exterior paint, insulation, paved surfaces, mechanical systems, electrical systems, plumbing systems, sewage systems, sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, fire protection systems including any automatic sprinkler systems, alarm systems, or standpipe systems, structural elements, and drainage systems.

The property report shall state what the sound transmission class and sound impact class of the existing floor-to-ceiling and wall-to-wall assemblies of sample units are. The report shall also explain, in nontechnical terms, what the class ratings mean and state what measure, if any, the applicant will take to improve sound attenuation between units. Projects constructed after July 1, 1979 that were in total compliance with the Building Code at the time of construction shall be exempt from the property report requirement.

The property report shall list each fixed appliance to be contained in each or any unit offered for sale and shall state whether the appliance is or will be new or used when the unit is first offered for sale. The report shall also state the terms and nature of the warranty offered by the applicant on each appliance.

A structural pest control report.

A building history report identifying the date of construction of all elements of the project.

A report identifying all characteristics of the building not in compliance with this ordinance or applicable building or housing codes.

(Ord. No. 333.)

(a)

The planning commission may require additional information necessary to assist in evaluating said conversion project in order to make proper findings in accordance with the purposes and objectives set forth in the adopted General Plan, or any specific or community plan or element thereof in effect at the time of such application. Such information may include, but shall not be limited to:

(1)

A report comparing the units in the conversion project, as both rentals and ownership units, with housing available within the community plan areas affected by the project;

(2)

A report on availability of comparable rental units at similar rental rates remaining within the affected community plan areas, including vacancy rate information;

(3)

When dealing with low income housing, a report outlining the available low and moderate income housing units (rental and sales housing) within the affected community plan areas;

(b)

The planning commission shall consider the following topics in determining whether to approve an application, and may disapprove any application which is felt not to fulfill them appropriately;

(1)

An evaluation of the average rental vacancy rate in the affected community plan areas and in the building proposed for conversion. The commission shall consider the rental history of the building, including the number of evictions and increases in rent over the preceding three years. In addition, the following sources of vacancy rates statistics may be used:

a.

Department of Finance (State of California).

b.

Postal Service.

c.

HUD vacancy rates.

d.

Any other reasonable means which is accepted by the commission as a true assessment of vacancy status.

(c)

In evaluating rental vacancy rates outside of the proposed conversion unit, particular concern should be directed towards comparable housing. In determining whether the housing to which applicant proposes relocation is "comparable" the commission must find that the housing is decent, safe, and sanitary, and in compliance with all local and state housing codes; and that the housing is open to all persons regardless of race, creed, national origin, ancestry, religion, marital status, or gender. In addition the commission shall consider the following factors in determining whether the relocation housing is comparable:

(1)

Whether the housing is provided with facilities equivalent to that provided by the landlord in the dwelling unit in which the tenant resides in regard to each of the following:

a.

Apartment size including number of rooms.

b.

Rent range.

c.

Major kitchen and bathroom facilities.

d.

Any special facilities.

e.

Willingness to accept families with children.

(2)

Whether the housing is located in an area not less desirable than the area in which the tenant then resides in regard to:

a.

Accessibility to community and commercial facilities.

b.

Accessibility to the tenant's place of employment.

c.

Accessibility to schools and public transportation.

A unit is not comparable if it is located in a building for which a notice of intent to convert has been given, except where the rental units of the building will not be offered for sale as condominium units within two years.

(Ord. No. 333.)

(a)

Consideration of tenant displacement: In addition to the tenant protection provisions set out in the Subdivision Map Act, the applicant shall comply with the provisions in the following areas as conditions of any use permit for a condominium conversion project approved pursuant to this chapter.

(1)

The tenants of the project on the date of application shall be offered the first right of refusal to purchase units. The offer shall run for ninety days. A tenant of any project proposed for conversion on the date of application for each conversion may terminate any lease after giving thirty days notice,

(2)

The applicant shall offer to each eligible tenant a plan for relocation to comparable housing, as approved by the commission. The relocation plan shall provide, at a minimum, for the following:

a.

Assistance to each eligible tenant in locating comparable housing, including but not limited to providing availability reports.

b.

Payment of a relocation fee to each tenant who does not choose to stay. The payment shall be a cash payment of not more than three hundred dollars if the tenant is relocating from an unfurnished apartment or two hundred dollars if the tenant is relocating from a furnished apartment. A tenant is not entitled to a relocation fee pursuant to this subsection if the tenant has been evicted for just cause. Cash payment minimums may be determined by the planning commission. In addition, up to fifty dollars cash payment shall be made for utility deposits and hook-up costs.

(3)

The applicant or owner of any condominium unit within a project shall not discriminate in the sale, or in the terms and conditions of sale, of any dwelling unit against any person who is or was a lessee or tenant of any such dwelling unit, because the person opposed such conversion. Nor shall the owner or seller discriminate in the sale or terms and conditions against any person or family based upon age or family size, when family size does not exceed HUB's standard for overcrowding of 1.25 persons per room. This anti- discrimination section shall be included in the conditions, covenants, and restrictions for the project.

(4)

A detailed report describing the relocation and moving assistance information to be given to each tenant, and the steps the applicant will take to ensure the successful relocation of each tenant. The report should state in detail what assistance will be provided for tenants, including a discussion of provisions to allow tenants to continue renting after conversion until comparable housing is located and the move can be completed.

(5)

A survey of all the tenants in the conversion project indicating how long each tenant had been a resident of the project, how long each tenant had planned to live in the project, whether or not each tenant would be interested in purchasing a unit, and the extent of tenant approval in principle of the conversion. Included in this survey is an estimate of the sale price for each unit, not including inflation and adjustments that would take place during conversion.

a.

To comply with this provision, the applicant shall provide a tenant rights handout and a questionnaire, in a form approved by city planning commission, to each tenant with an envelope, postage prepaid, addressed to the commission, The questionnaire shall direct the tenant to return the completed form directly to the city planning commission.

(6)

At the time of conversion or new construction sixty percent of the occupants must be owners.

(Ord. No. 333.)

(a)

Building Code requirements. A building proposed for conversion, and each unit within the building, shall comply at a minimum with all applicable Building Code standards in effect at the time of the last alteration, repair, relocation, or reconstruction of the building, necessitating compliance with the Building Code, or, if none, at the time of first construction.

(1)

No building shall be permitted to be converted to condominium ownership unless the building was constructed and subject to a building permit issued under the provisions of the 1952 Uniform Building Code, or subsequently adopted Uniform Building Code, unless it is found by the appropriate authority that the building constructed prior to 1952 is decent, safe, and sanitary based upon property report review by building inspector.

(2)

No building constructed after the effective date of this ordinance shall be permitted to be converted to condominium ownership unless the building was constructed in full compliance with all applicable building codes and the development standards applicable to new condominium construction, in effect at the time of

the last alteration, repair, relocation, or reconstruction of the building, or, if none, at the time of first construction.

(b)

Building inspection. After reviewing the property report required and after inspecting the structures within the project when deemed necessary, the building inspector shall identify and make available to the planning commission and board all items evidenced by such reports or inspection to be in noncompliance with applicable building and housing codes or to be hazardous to life, health or safety of any occupant of the units within the project or the general public. All such items shall be corrected to the satisfaction of the building inspector. An appropriate fee to cover the cost of the building inspector's review and inspection may be collected.

(c)

Performance bond. If the proposed project does not comply with the provisions relating to utilities, personal safety and Building Code compliance, or if the building inspector identifies items to be corrected any use permit issued pursuant to this part shall require the developer to furnish a performance bond or other means of security approved by the city attorney, in an amount to be determined by the building inspector to be the reasonable estimated cost to bring the project into compliance with said codes and to make all necessary repairs. The bond shall run in favor of individual purchasers and the association, and the bond shall provide for reasonable attorney's fees in the event of default by the principal.

(d)

Utilities.

Gas. Each condominium shall have a separate gas service where gas is a necessary utility. If this provision places unreasonable economic burden on the applicant, the appropriate authority may approve an alternative.

Electricity. Each condominium unit shall have a separate electrical service, with separate meters and disconnects, and ground fault interrupters where ground fault interrupters are required by present building codes.

(e)

Zoning regulations. Minimum height, bulk and space requirements shall conform to the applicable provisions of the City of Colusa Zoning Ordinance.

(f)

Off-street parking shall conform to all the general requirements of the applicable provisions of the City of Colusa Zoning Ordinance. The number of parking spaces shall conform to that required for multiple family dwellings.

(Ord. No. 333.)

APPENDIX A. - ZONING.[1]

Editor's note.—This Appendix consists of Ordinance No. 403, the Zoning Ordinance of the city, as amended. Except for the use of a uniform system of capitalization, the addition of a frontal analysis and the addition of catchlines where necessary, Ordinance No. 403 is set out herein as enacted. Amendments are indicated by historical citations following the affected sections.

(Reserved for Future Use)

(Reserved for Future Use)

1. As to subdivision of land, see ch. 17 of this Code. As to use of trailers as living quarters, see § 18-2.