Lakeport Municipal Code § 15.20.170 Filing requirements

Final and parcel map filing for conversions shall be filed in the same manner as specified in the Title 16 of this code, except that concurrently filed shall be the following:

A. Condominium bylaws;

B. A condominium/conversion report from the department of building inspection stating that the condominium structures and units are in conformance with the applicable housing code, as adopted by the city, and those improvements as set forth in Section 15.20.080(D) of this chapter have been completed.

C. A condominium or conversion report from the department of engineering stating that the public improvements as set forth in Section 15.20.080(E) of this chapter have been improved to an acceptable standard or that agreements have been entered into with the city council pursuant to Section 15.20.180 of this chapter.

D. The city council shall not approve the filing of a final map until it finds all of the following:

1. Each of the tenants of the proposed condominium or conversion project have received, pursuant to Section 66452.9 of the California Government Code, written notification of intention to convert at least sixty days prior to the filing of a tentative map pursuant to Section 66452 of the California Government Code. There shall be a further finding that each such tenant, and each person applying for the rental of a unit in such residential real property, has, or will have, received all applicable notices and rights now or hereafter required by the Subdivision Map Act or Chapter 3 (commencing with Section 66451 of the California Government Code). In addition, a finding shall be made that each tenant has received ten days' written notification 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 upon request. The written notices to tenants required by this section shall be deemed satisfied if such notices are deposited in the U.S. mail, first class, postage prepaid.

2. Each of the tenants of the proposed condominium, community apartment project to stock cooperative project has been, or will be, given written notification within ten days of approval of a final map for the proposed condominium, or conversion.

3. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has been, or will be, given one hundred eighty days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this section shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent or the obligations imposed by Sections 1941, 1941.1 and 1941.2 of the Civil Code.

4. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given notice of the 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 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right.

E. This section shall not diminish, limit or expand, other than as provided in herein, the authority of the city to approve or disapprove condominium or conversion projects.

(Ord. 607 § 7.1, 1982)

If the improvement work required under Section 15.20.080(G) of this chapter cannot be completed to the satisfaction of the city before the final or parcel map is filed, the applicant may enter into an agreement with the city council. "Improvement security," as used in this section, means one or more of the following:

A. A cash deposit or deposits made with the city;

B. A bond or bonds by one or more duly authorized corporate sureties; or

C. An instrument or instruments of credit from one or more financial institutions subject to regulation by the state or federal government, pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument.

(Ord. 607 § 7.2, 1982)