Chapter 17.100 — CONDOMINIUMS, CONDOMINIUM AND MOBILEHOME PARK CONVERSIONS

The purpose of this Section is to establish development standards and special conditions for the protection of the community and purchasers or renters of both new and converted residential and commercial condominiums, community apartment projects and stock cooperatives, the lessors of cooperative apartment projects and stock cooperatives, and the lessors of cooperative apartments, as well as mobilehome park residents in parks proposed for subdivision activity.

All new or converting residential and commercial condominiums, community apartment projects, stock cooperatives, and cooperative apartments, and mobilehome park subdivisions shall conform to the provisions of this Section in addition to any and all requirements for preparation, review and approval of a land division map.

Except as otherwise provided by law, in approving or conditionally approving any condominium projects, including conversions of apartment and mobilehome park developments, the following shall be required:

• A. Residential Parking. Off-street parking shall be provided in the amount and type pursuant to standards for new construction established by the City.

• B. Development Standards. All new construction of condominium projects shall comply with the property development standards for the district in which the project is located. All condominium conversions of apartment and mobile park developments shall comply with development

standards for the district in which the project is located in regard to lot coverage, height and distance between buildings. Condominium conversions are not required to comply with existing setback and density standards if the development met all zoning and building standards in effect at the time of its construction. Nothing in this Section shall be construed to prohibit the imposition of more restrictive requirements as a condition of approval by the Planning Commission or City Council when necessary to protect the public health, safety, or general welfare, based upon appropriate findings.

• C. Covenants, Conditions and Restrictions (CC&Rs). The covenants, conditions and restrictions (CC&Rs) for the new condominium project, including conversion of apartment and mobilehome projects, shall include a guarantee agreement by the subdivider for the following:

  1. Common area items, including but not limited to, the roof, plumbing, heating, airconditioning, and electrical systems until one year elapses from the date of the sale of the last individual unit sold;

  2. Additional items to be provided or installed within individual units by the subdivider, including, but not limited to, appliances, fixtures, and facilities for a period of one year from the date of close of escrow of each individual unit;

  3. Adequate provisions for maintenance, repair and upkeep of common areas;

  4. Provisions that in the event of destruction or abolishment, reconstruction shall be in accordance with codes in effect at the time of such reconstruction;

  5. Provisions for dedication of land or establishment of easements for street widening or other public purpose.

  6. The CC&Rs shall provide that the nonsubdivider owners have the right to select or change the management group or the homeowner association 90 days after sale or transfer of title of 51 percent of the units. The CC&Rs shall provide that subsequent owners agree to make no changes in the CC&Rs imposing restrictions on the age, race, national origin, sex, marital status or other similar restrictions of occupants, residents or owners.

  7. Estimated Costs of Maintenance. The subdivider shall submit an estimate of and guarantee for the maintenance costs for a period of 12 months beginning at the close of escrow on the first unit sold. The subdivider to be responsible for all costs of normal maintenance in excess of the estimate.

8. All condominiums, condominium conversions, and mobile home park conversions over 10 dwelling units, at least 10 percent of the total units must be inclusionary units restricted for occupancy by five percent Lowand five percent Very Low-Income Households.

   9. The CC&Rs shall provide the City with the right to enforce the CC&Rs and bring actions to compel compliance and/or the cessation of any violation, but the CC&Rs shall not obligate the City to do so.

The following design standards apply to both new condominium projects and for the conversion of existing structures into condominiums. Such minimum criteria shall be required in addition to the existing building codes, zoning district provisions, and other requirements of the City. New condominium projects shall also comply with the performance standards for planned unit developments established by the City.

• A. All private streets, driveways, drainage structures, and parking areas shall be improved and constructed in accordance with the City's adopted standards and shall be designed and

appropriate easements granted to insure access for both municipal services and public utility company services to each dwelling.

• B. All assigned parking shall be provided within 100 feet of the front entrance of the dwelling unit.

• C. Separate utility services shall be provided for each dwelling unit.

• D. Each dwelling unit shall be provided with a minimum of 200 cubic feet of secure exterior storage.

• E. All permanent mechanical equipment, such as motors, compressors, pumps and compactors, that are determined by the building official to be a source of structural vibration or structureborne noise, shall be shock-mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the building official.

• F. All common walls and floors shall have a maximum impact and sound transmission class (STC) of 50 (45 if field tested) as defined in U.B.C. Standard No. 35.1.

• G. All separating floor/ceiling assemblies between separate units shall provide impact sound insulation equal to that required to meet an Impact Insulation Class (IIC) of 50 (45 if field tested) as defined in U.B.C. Standard No. 35.2.

• H. All condominium and condominium conversion projects shall meet or exceed the Uniform Fire Code requirements, and shall be inspected and approved by the City fire chief, and additionally shall have a complete one-hour fire separation between dwelling units (floors/ceilings, as well as walls).

• I. Provisions for laundry facilities shall be provided within each dwelling unit or within a common, conveniently located laundry room.

• J. For all condominium conversions, a set of original construction plans shall be submitted as part of the initial application.

• K. For all condominium conversions, an on-site inspection shall be made by the Building Department, Public Works Department, Fire Department, and Planning Department to determine if the design criteria set forth in this Section has been met. Such inspections shall be included as part of the staff report prepared for the Planning Commission.

• L. For all new condominiums a recreational facility shall be provided. The size of such structure shall be 200 square feet per condominium unit. This facility may be used for community club house, swimming pool, playground, or sports facilities.

• M. For all condominium conversions over 50 units a recreational facility as described in the above section may be required by the Planning Commission.

No condominium or mobile home park conversion shall be approved unless all of the following conditions are met:

• A. Tenants and prospective tenants have been given a tenant's notice of intent to convert pursuant to the provisions of California Government Code Section 66427.1 (Subdivision Map Act) 60 days prior to filing applications for tentative map, conditional use permit, and architectural review approval with the planning director. Such notice shall be given by the applicant, and shall contain information as to tenant's rights under state and local regulations.

• B. The submittal package for conversion shall include the following items in addition to the required information for a tentative map, conditional use permit, and architectural review application:

  1. A copy of the tenant's notice of intent to convert; a signed statement certifying that all tenants have received such notice; a statement that all future tenants shall receive such notice shall be attached along with a list of names and addresses of persons notified.

  2. A facilities report, prepared by a California licensed architect or California registered civil or structural engineer detailing the condition and estimated useful life of all elements of the existing buildings and other structures involved in the project, but not limited to the following:

     • a. Roof;

     • b. Foundations;

     • c. Mechanical and electrical systems;

     • d. Plumbing systems;

     • e. Structural elements;

     • f. Paved surfaces;

     • g. Exterior paint;

     • h. HVAC systems;

     • i. Utility delivery systems;

     • j. Fire protection systems;

     • k. Swimming pools.

This facilities report shall be prepared by a professional hired by the City of Jackson and paid for by the applicant.

3. Building History Report. The applicant shall provide a building history report, which shall include:

   • a. The date of construction of all elements of the project; and

   • b. A statement of the use or uses of the facilities since construction; and

   • c. The date and description of each structural repair or renovation requiring an expenditure of $1,000 or more; and

   • d. A statement of the use or uses of the facilities.

4. A listing of the proposed improvements to be carried out and an estimated time schedule.

5. The estimated prices of the converted units and/or lots.

6. A copy of the proposed CC&Rs.

7. A purchase incentives plan for current occupants.

8. A tenant relocation assistance plan indicating the number of tenants interested in purchasing or relocating, detailed plans for assisting in the relocation of tenants, the present rent schedule and occupancy. Assistance may be monetary in the form of payment or partial payment of first month's rent and security deposit. Relocation shall be in the City of Jackson or to an area with similar amenities and services to these available to the tenants in Jackson. Any tenant may decline assistance.

relocating, detailed plans for assisting in the relocation of tenants, the present rent schedule and occupancy. Assistance may be monetary in the form of payment or partial payment of first month's rent and security deposit. Relocation shall be in the City of Jackson or to an area with similar amenities and services to these available to the tenants in Jackson. Any tenant may decline assistance.

9. For conversions of mobilehome parks to another use, the subdivider shall also file a report on the impact of the conversion upon the displaced residents of the mobilehome park as set forth in Government Code Section 66427.4 .

10. For conversions of mobilehome parks to resident ownership, the subdivider must conduct a survey of tenant support as set forth in Government Code Section 66427.5 and submit the results of the survey of tenant support with its tentative map application. The City shall conduct a hearing to determine the subdivider's compliance with the requirements of Section 66427.5 as provided in subsection (e) thereof.

11. Two sets of mailing labels for all tenants affected by the conversion.

• C. Tenants shall be notified in writing of all public hearings in connection with an application for conversion, and all new tenants subsequent to the initial notice of intent, shall be notified in writing of the pending conversion prior to occupancy.

• D. All systems, including electrical, fire and life safety, at point of sale should be in good repair. All maintenance, repair or alterations requested by the Fire Chief or Building Official should be complete at this time as well.

• E. Before submittal, all conditions of approval requirements need to be complete. These include: plumbing in sound condition, water heater insulation, pipes for circulated hot water, individual gas and electrical meters, unless impractical, protected trash areas, and smoke and fire detectors.

• F. The applicant has complied with all applicable provisions of the Subdivision Map Act.

• G. The required number of owners in a stock cooperative or community apartment project, as specified in the by-laws or other organizational documents, have voted in favor of the condominium conversion. If the by-laws or other organization's documents do not specify the number of votes required, a majority vote of the owners in the cooperative or project shall be required.

• H. For residential conversions, the decision making body must determine that:

  1. The conversion is consistent with the General Plan; and

2. In the case of condominium conversions, the vacancy factor of comparable apartment rental housing units in the City exceeds seven percent of the total rental housing inventory. Existing rental units may be approved for conversion regardless of the vacancy factor if the City Council determines that a new rental unit has or will be added to the City's housing inventory for each rental unit removed through conversion. Additionally, the City Council may allow for affordable designated housing or housing outside the City limits to count toward the City's vacancy rate if it can be demonstrated that they have significantly increase the rental housing market. To determine the vacancy factor and the disposition of the areas housing inventory, the applicant shall be responsible for paying the City for a housing study prepared by an independent contractor of the City's choice;

   3. The subdivider has complied with such other requirements or conditions, as the decisionmaking body shall believe necessary or appropriate.

• I. During the conversion process, from the time of application submittal through tenant relocation or purchase of the condominium, the rental rate must remain the same or be lower.

Requirement for a subdivision map for a mobile home is waived when a minimum of two-thirds of the owners of the mobile homes, who are also tenants, sign a petition with intent to purchase a

condominium interest unless any of the following exist:

• A. There are significant design or improvement requirements necessitated by health or safety concerns.

• B. There is a need to perform field surveys on the exterior boundaries of the parcel or parcels appearing on the face of the map.

• C. The existing lot or lots were not created by a recorded parcel or final map.

• D. The conversion would result in the creation of additional parcels.

Waiver applications shall be processed in compliance with Section 66428 (b) of the Subdivision Map Act.