La Mesa Municipal Code Ch. 22.03 Conversion of Existing Residential Development

All conversions of existing residential development to condominium development shall require a subdivision application as prescribed in this title. A subdivision map application for a condominium project shall be reviewed and approved by the design review board, prior to consideration by the planning commission and the city council.

A certification from the project engineer or a title company that all tenants currently residing in the proposed conversion project have been notified of the owner's application for a subdivision is required. Said notice shall include a projected date for conversion and the tenant's rights of occupancy and exclusive right to contract for the purchase of their unit.

In addition, at least three days prior to any hearing or action on the tentative map, the city of La Mesa will provide the applicant and each tenant of the subject property a copy of the written staff report to the planning commission and city council. Fees shall be collected from the applicant for expenses related to this notification beyond what is normally required for tentative and final map public hearings.

(Ord. 2006-2774 § 1 (part); November 28, 2006; Ord. 2021-2886, § 5, June 8, 2021)

The number of existing apartment units which may convert into a condominium project in any one year is limited to a number which is equal to fifty percent of the yearly average of apartment units constructed in the previous two fiscal years. On or before August 1st of each fiscal year the director of planning shall determine the number of units, which may be converted to condominiums in the said fiscal year. The director will not consider any units built for sale as condominiums in determining this allowance. In the event that the number of apartment units converted is less than the maximum number of units allowed in a given fiscal year, the surplus number of apartment units shall not be carried over to the following fiscal year.

If the total number of condominium units, contained in proposed conversion projects with complete tentative map applications, results in a number that exceeds the number determined by the planning director, an allocation process will be utilized to select the applications for conversion that exceed the city's minimum housing quality and development standards.

The city council may consider providing an exemption from the annual unit limitation of this section for project that create "for-sale," owner-occupied housing that will be restricted to households earning less than eighty percent of the regional median household income as defined by the Federal Department of Housing and Urban Development (HUD). The method of determining the number of income restricted units and the income targets will be established as part of the project approval process.

(Ord. 2006-2774 § 1 (part); November 28, 2006)

The following standards for conversion of an existing apartment development shall be required as conditions to the approval of a subdivision map for a condominium project.

A. Allowance to Convert. The project shall have received a conversion allowance, as established in Section 22.03.020 of this chapter, to convert the number of dwelling units proposed in the tentative map.

B. Zoning Ordinance. Each such development shall comply with the following requirements of the zoning ordinance:

1. Off-street parking requirements as described in Chapter 24.04 of the La Mesa Municipal Code.

2. Deficiencies in trash storage enclosures, sight distance, fences and walls, equipment enclosures and landscaping shall be corrected in accordance with standards adopted pursuant to requirements of Section 24.05.030 of the zoning ordinance.

3. Open Space. Open space shall be provided in accordance with the standards adopted pursuant to the requirements of Section 24.05.030(H) of the zoning ordinance.

4. The total number of existing dwelling units may not be reduced in order to meet the zoning ordinance requirements included in this section.

C. Housing Code. Each development shall comply with the minimum requirements of the Uniform Housing Code as adopted by Chapter 14.04 of the La Mesa Municipal Code.

D. Building Security. Each development shall comply with the minimum requirements of the building security requirements as set forth in Chapter 14.07 of this code.

E. Energy Insulation. All units shall comply with current state energy conservation standards for multi-unit renovation projects.

F. Noise Insulation. All separating walls and floor ceiling assemblies for each dwelling unit shall comply with sound insulation requirements of the state building code.

G. Fire Protection. As part of the review of the required site development application, any deficiencies in fire flow as determined by the La Mesa fire marshal shall be corrected. Additionally, smoke detection devices shall be installed in each building in such locations as determined by the fire marshal to provide minimum fire warning to the occupants of each such building and dwelling unit.

H. Sewers and Storm Drains. Cleanouts for sewers must be enclosed in protective boxes when installed at ground level and as-built drawings for the plumbing system shall be provided to the homeowner association upon conversion. The upgrading of on-site storm drainage, including parking lot drainage, will be reviewed by the city engineer, whose recommendation shall be considered by the planning commission and city council at the time of tentative map approval.

I. Homeowners' Association. As a condition of tentative map approval, the developer shall establish by-laws for a homeowners' association and covenants, conditions and restrictions that define property maintenance responsibilities. The covenants, conditions and restrictions shall cover land and improvements intended for common ownership and maintenance, including but not limited to, the maintenance of guest and garage parking spaces, irrigation equipment and landscaping, recreation and laundry facilities, common area lighting, fencing, drainage infrastructure and fire lanes.

The covenants, conditions and restrictions shall be reviewed and approved by the city and a recorded copy of the documents shall be submitted to the city prior to the sale of any unit.

J. Disabled Access. Unless otherwise required by the applicable building codes, a minimum of ten percent of the converted units shall be upgraded to meet current disabled accessibility as prescribed by the state building codes. The city council may approve an exemption from the requirements of subsection (B)(4) of this section, which prohibits reduction in the number of existing units, when the proposed reduction is needed to accomplish the disabled access requirements of this section.

K. Tenant Notification. The project proponent shall provide the city of La Mesa with proof of notice content and delivery of all of the tenant notifications required by state law.

All notices as prescribed by Sections 66427.1, 66452.3, 66452.8, 66452.9, 66459 of the California Government Code and 1946.1 of the California Civil Code shall be satisfied. These sections, which contain mandated language and scheduling of required tenant notification, include, but are not limited to:

1. Notice of filing of a tentative map;

2. Notice of intention to convert;

3. Notice of final map approval;

4. Notice of application for a public report;

5. Notice of exclusive right to purchase;

6. Notice of intention to sell;

7. Notice of termination of tenancy.

L. Tenant Relocation Benefits. The applicant shall provide three months relocation assistance to all tenants displaced as a result of the conversion of rental units to condominiums. The relocation benefit shall be based on the current HUD fair market rent for San Diego County, for a similarly sized unit, in effect at the time the tenant is required to vacate their unit. The applicant shall include information about the amount and timing of the relocation benefit in the written notice of intention to convert.

The applicant shall give each eligible tenant notice of his or her right to relocation assistance at the same time that the notice of exclusive right to purchase is given. For the purposes of this section, an eligible tenant shall be defined as a tenant in good standing of the development at the time the owner of the unit gives notice to of exclusive right to purchase in accordance with applicable law.

The notice of relocation assistance shall provide name, address and phone number of the applicant's representative and provide for messages outside of normal business hours for the tenants to obtain information about the relocation assistance program.

The payment of the required relocation assistance shall occur on or before: (1) the date of termination of tenancy notice, or (2) the date the eligible tenant vacates the unit, whichever occurs first, but in either event, without regard to the date that the conversion occurs.

The applicant shall provide five months relocation assistance to tenants who are seniors, defined as a person over the age of sixty-five, and tenants with disabilities. Relocation assistance shall be based on the current HUD fair market rent for San Diego County, for a similarly sized unit. The applicant shall provide seniors and people with disabilities with the services of a relocation assistant to facilitate relocation logistics. The applicant shall include information about the amount and timing of the relocation benefit in the written notice of intention to convert.

M. Physical Conditions Report. A report on the physical conditions of the buildings and other improvements shall be submitted with the tentative map application. A qualified professional, such as an architect or structural engineer shall prepare the report. The physical conditions report shall identify all deficiencies to be corrected and the timing of such corrections, and shall describe the arrangements for parking space assignments and their availability for exclusive use. The physical conditions report is a requirement of a complete tentative map application. The report shall serve as a means of disclosure of the existing conditions of the development. Deficiencies identified in the physical conditions report will be considered in the review of the tentative map and included in the conditions of approval.

The physical conditions report shall include an evaluation of the age and remaining useful life of:

1. The mechanical features of the building including, heating, air conditioning, ventilation systems, plumbing and electrical;

2. Building components, including foundations, roofing material, siding and waterproofing, stairs, decks and balconies;

3. Swimming pools and recreation spaces, parking areas and drive aisles, open space, landscaped areas, pathways and other hardscape;

4. Equipment in each unit, including dishwashers, stoves and refrigerator and kitchen and bathroom fixtures;

5. Accessory structures, including carports, laundry rooms, trash enclosures and site lighting and signage.

(Ord. 2006-2774 § 1 (part); November 28, 2006)

Approval of a final map for a subdivision to be created from conversion of residential rental property into a condominium project shall require findings that:

A. All requirements of this title have been completed to the satisfaction of the city engineer prior to the recordation of the final map.

B. The provisions of Section 22.03.030, Standards for conversion, have been met.

C. All repairs identified in the physical conditions report and included in the conditions of approval of the tentative map have been completed to the satisfaction of the city building official.

(Ord. 2006-2774 § 1 (part); November 28, 2006)