§ 19.86

A.

This Chapter establishes regulations for the conversion of residential apartments into condominiums.

B.

These regulations work to provide for the housing needs for all economic segments of the community while also protecting the rights of the tenant; protecting the health, safety, and welfare of the public and potential purchasers; promoting home ownership; and increasing owner-occupied units that are affordable to all economic segments of the community.

A.

Subdivision procedures. Under Government Code Section 66426, a condominium conversion is treated as a subdivision subject to the provisions of the Act and this Article.

B.

Application. An application for a residential condominium conversion shall be filed and processed in compliance with Chapter 19.112 (Application Processing Procedures) and this Article. The application shall include the information and materials specified in the Department handout for residential condominium conversion applications, together with the required fee in compliance with the Planning Fee Schedule.

A.

As part of the application review process, the premises shall be inspected by the Building Official to evaluate the condition of the structure(s). All inspection costs shall be incurred by the owner or subdivider.

B.

The Building Official shall inspect all structures and premises for needed repairs and upgrades to bring the project into compliance with the adopted Building Code requirements, Housing Code requirements, and State requirements for residential condominiums applicable at the time of Building Permit and/or other permit issuance.

C.

The County Fire Department shall inspect all structures and premises to determine the sufficiency of fire protection systems serving the structures and premises, report on any deficiencies, and indicate which deficiencies are required to be corrected by law.

D.

The Director shall inspect all structures, improvements, and premises for compliance with Development Code requirements applicable to the project.

Noticing shall be required as provided in the Act and shall include, but is not limited to, all of the following:

A.

At least 60 days before submittal of the tentative tract map and application to the City for processing, the owner or subdivider shall send a notice to each and every tenant in the structure(s) to be converted. The notice shall contain information as specified by the City and shall be delivered in a manner that provides for proof of delivery.

B.

A least 60 days before submittal of the tentative tract map, the owner or subdivider shall give written notice of the intent to convert to each person applying for rental of a unit in the subject property immediately before acceptance of any rent or deposit from the prospective tenant.

C.

The City shall provide each tenant with written notification of planned public hearings for the application for conversion.

D.

Within 10 days of submittal of an application for a subdivision public report to the State Department of Real Estate, the owner or subdivider shall give written notice of application for the public report to each tenant, and each tenant shall be advised that upon issuance of the public report, it will be made available to any tenant upon request, free of charge.

E.

At least 180 days before termination of tenancy due to the conversion or proposed conversion, the owner or subdivider shall provide each tenant with 180 days written notice of the intention to convert.

F.

Each tenant shall be given an exclusive right to contract for the purchase of their respective unit upon the same terms and conditions that the unit will be initially offered to the general public or on terms more favorable to the tenant, and the exclusive right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report by the State Department of Real Estate.

G.

No units may be sold in the structure proposed for conversion unless the conversion is approved by the City and until after the final tract map is recorded and a subdivision public report has been issued by the State Department of Real Estate.

H.

Unless tenants of the structure proposed to be converted were given written notice of the intention to convert by the owner or subdivider, or by their respective agent(s), at the time the tenants signed rental or lease agreements, the owner or subdivider shall compensate the tenants for their reasonable relocation expenses.

A.

Building inspection deficiencies. Deficiencies found during the building inspection shall be corrected at the owner's or subdivider's expense to the satisfaction of the Building Official.

B.

Fire protection system inspection deficiencies. Deficiencies found during the fire protection system inspection shall be corrected as required.

C.

Zoning compliance inspection deficiencies. Deficiencies found during the zoning compliance inspection shall be corrected as required.

D.

Upgrades required. The owner or subdivider shall be required to upgrade all of the following:

1.

Building components and systems. Components and systems with a remaining life of five years or less shall be replaced

2.

Electrical. Electrical system and equipment shall be in compliance with the adopted Electrical Code.

3.

Fire detection systems. Early-warning smoke detection systems in the living quarters and fire protection appurtenances, as required by current State and local law, shall be required for all residential condominium conversions.

4.

Fire protection systems. Fire protections systems for individual units and for the project as a whole shall be provided as required by the County Fire Department and applicable City codes.

5.

Landscaping and irrigation systems. Street trees, all yard landscaping, and all irrigation systems required by Chapter 19.40 (Landscaping) shall be provided.

E.

Laundry facilities.

1.

A laundry area shall be provided in each unit; or if common laundry areas are provided, the facilities shall consist of not less than two automatic washers and dryers for each five units or fractions thereof.

2.

In cases determined by the Director where the developer can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the Director.

F.

Parking. All parking shall be provided in compliance with Chapter 19.38 (Off-Street Parking and Design), including any requirement for covered and guest parking.

G.

Pest control. The owner or subdivider shall repair or replace any damaged or infested areas in need of repair or replacement, as shown in the structural pest control report, which shall be prepared by a State licensed structural pest control operator and shall be dated and filed at least 30 days before the submittal of the final map.

H.

Private storage space.

1.

Each unit shall have at least 200 cubic feet of enclosed weather-proofed and lockable private storage space in addition to guest, linen, pantry, and clothes closets customarily provided.

2.

The space shall be for the sole use of the unit owner.

3.

The space may be provided in any location approved by the Director, but shall not be divided into two or more locations.

4.

In cases determined by the Director where the developer can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the Director.

I.

Sewer.

1.

The sewer system shall be inspected and brought up to current standards, subject to the approval of the City Engineer.

2.

If the apartment proposed for condominium conversion has not been levied a sanitary sewer line charge or other charges or fees required for ownership units, the owner or subdivider shall pay any charges required by the responsible sewering authority, and shall provide to the City proof of the payment.

J.

Sound attenuation.

1.

All floor-to-ceiling assemblies between separate units shall meet the standards for the sound transmission class specified in applicable building and/or health and safety codes for residential condominium units.

2.

The compliance shall be certified in the inspection report.

3.

Occupancy Permits shall not be issued without first meeting sound-proofing compliance requirements.

K.

Street improvements.

1.

The owner or subdivider shall improve or post security with the City guaranteeing the installation of required public right-of-way improvements to City standards in compliance with Section 19.130.050 (Performance Guarantees).

2.

These improvements may include, but shall not be limited to, curbs, gutters, sidewalks, ramps, driveways, drainage devices, trees and tree wells, and streetlights.

L.

Windows and doors.

1.

All windows and doors shall be inspected and brought up to current energy efficiency standards, subject to the approval of the Building Official.

2.

All windows and doors shall meet applicable window and door emergency escape/rescue requirements.

In reviewing requests for conversion of existing apartments to condominiums, the review authority, as set forth in Table 5-1, shall consider all of the following:

A.

Whether or not the amount and impact of the displacement of tenants if the conversion is approved would be detrimental to the health, safety, or general welfare of the community;

B.

The need and demand for lower cost home ownership opportunities which are increased by the conversion of apartments to condominiums; and

C.

If the review authority determines that vacancies in the project have been increased for the purpose of preparing the project for conversion, the tentative map may be denied.

The review authority may approve or conditionally approve a residential condominium conversion application only after first making all of the following findings:

A.

All provisions of this Chapter and all applicable provisions of this Development Code are met;

B.

The proposed conversion is consistent with the General Plan and any applicable specific plan;

C.

The proposed conversion will conform to all Municipal Code provisions in effect at the time of tentative map approval, except as otherwise provided in this Chapter; and

D.

The overall design and physical condition of the condominium conversion achieve a high degree of appearance, quality, and safety.

A.

Compliance with Title 16 required. Building inspection and associated fees shall be in compliance with Municipal Code Title 16 (Buildings and Construction).

B.

Compliance with Municipal Code required. Inspection and associated fees for required public and private street and utility improvements shall be in compliance with other applicable Sections of the Municipal Code.

The procedures and requirements related to appeals and public hearings in Article 8 (Development Code Administration) shall apply following the decision on a residential condominium conversion application.