Lakeport Municipal Code Art. III Tentative Maps

Application for a tentative map for a condominium or conversion project shall include:

A. A map showing all common areas and usages of the building(s) and grounds, and plans for the interior division of the building(s), if applicable, showing horizontal and vertical boundaries of all units within the building(s) or upon the ground;

B. Proposed improvements within the project to bring into or closer to conformity with standards;

C. A copy of the bylaws of the homeowner's association, including the following:

1. A maintenance plan which clearly specifies methods and standards for performance of common responsibilities and maintenance for all common areas and equipment and fees to be assessed for such purposes. The maintenance plan shall include a sinking fund for major repairs and extraordinary expenses. (See the appendix, sample form, attached to the ordinance codified in this chapter, on file in the office of the city clerk);

2. A provision that an individual owner cannot avoid liability for his prorated share of the expenses for the common areas by renouncing his rights in the common area.

D. A preliminary conversion report from the department of building inspection on the condition of the building, listing all housing code violations and related violations which are detrimental to the health, safety and welfare of the public, the owners and the occupants of the building. The applicant shall provide copies of the above report to prospective purchasers.

E. A report on the proposed conversion from the department of engineering on the condition of public improvements, specifically streets, sewer and water mains, laterals and appurtenances, storm drainage facilities, traffic control and direction, fire hydrants, sidewalks and walkways, and other items deemed necessary by the department of engineering for improvement.

F. A report on the existing rental conditions which shall include, but not be limited to, the following information, when applicable:

1. Length of occupancy of present tenants;

2. Household composition;

3. Current rents; whether rents include or exclude utilities; date and amount of last two increases;

4. Nature of lease agreements;

5. Approximate sale price of units and financing arrangements to tenants opting to purchase; and

6. Unit occupancy or vacancy status.

G. Plans and descriptions, showing how the following will be performed:

1. All site work shall be brought up to current city standards. The city may require the provision of additional parking spaces to meet requirements of owners and guests. The building(s) or units shall be brought up to code in accordance with any applicable Uniform Building Code or this title;

2. The proposed time schedule, plans and specifications on the correction of all deficiencies set forth in the reports prepared in accordance with subsections D and E of this section;

3. Condominium projects shall meet current Uniform Building Code requirements for products-of-combustion detection devices and systems;

4. Condominium projects shall meet current Uniform Building Code requirements for handicapped access; and

5. Plans and specifications for the individual metering to each unit for public utilities.

H. At the time of filing a tentative map for a subdivision to be created from the conversion of a mobile home park to another use, the subdivider shall also file a report on the impact of the conversion upon the displaced residents of the mobile home park to be converted. In determining the impact of the conversion on displaced mobile home park residents, the report shall address the availability of adequate replacement space in mobile home parks. The subdivider shall make a copy of the report available to each resident of the mobile home park at least fifteen days prior to the hearing on the map by the planning commission.

The planning commission and the city council may require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park. This section shall also apply to a mobile home park conversion to private ownership of the lots.

I. A list of names and addresses of mobile home owners and/or tenants.

J. A detailed plan that describes 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 plan shall include additional measures, including assistance in locating comparable housing, assistance in locating a moving company, and payment to cover estimated moving costs, to assist special needs tenants, including senior citizens over the age of sixty-two, households with a handicapped person, and lower income households living with one or more minor children. Limited equity residential cooperatives which provide long term affordability for the units proposed for conversion are exempt from this requirement.

K. The applicant shall offer for dedication all common areas as public utility easements (PUEs), and the city shall accept the offer on behalf of the public utilities involved.

(Ord. 607 § 5.1, 1982; Ord. 893 § 2(1), 2014)

The planning commission shall consider whether the proposed conversion is consistent with the following housing goals, if applicable:

A. To encourage continuation of social and economic diversity within Lakeport through the provision of a variety of housing types;

B. To expand the supply of decent housing for low and moderate income families;

C. To minimize the adverse impact to the availability of residential rentals.

(Ord. 607 S5.2, 1982)

The planning commission may establish reasonable requirements to ensure that a percentage of the converted units will be reserved for persons of low or moderate income, particularly if low and moderate income persons are rental tenants. The planning commission may deny the tentative map upon findings any of the following:

A. Based on the information required by Section 15.20.080(F) and on the existing vacancy rate for rental housing, that existing tenants will have substantial difficulty in obtaining comparably priced rental housing;

B. The ratio of multiple-family rental units would be reduced to less than four percent of the total number of dwelling units in the city, with no replacement rental being provided;

C. The unavailability of comparable mobile home rental spaces.

(Ord. 607 § 5.3, 1982)

The planning commission shall make the following specific findings prior to approving a condominium conversion or community apartment project, at a tentative map stage:

A. Each of the tenants of the proposed condominium project has been, or will be, given one hundred eighty days' written notice of intention to convert prior to termination of tenancy due to conversion or proposed conversion;

B. Each of the tenants of the proposed condominium project has been or will be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or upon 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 California Business and Professions Code and Sections 15.20.150 and 15.20.160 of this chapter, unless the tenant gives prior written notice of his intention not to exercise the right;

C. That at least sixty percent of the residents within the residential complex are in favor of the condominium conversion;

D. That residents sixty-two years of age or older or permanently disabled would receive lifetime leases at current rental rates, amended by a cost-of-living escalator, not to exceed the National Consumer Price Index figure; this shall include a surviving spouse;

E. That low and moderate income tenants would receive two-year leases at current rental rates, amended by a cost-of-living escalator, not to exceed the National Consumer Price Index figure;

F. Commencing at a date not less than sixty days prior to the filing of a tentative map, the subdivider has given notice of such proposed filing to each person applying after such date for rental of a unit of the subject property immediately prior to the acceptance of any rent or deposit from the prospective tenant by the subdivider. The notice shall be as set forth in Section 66452.8(b) of the California Government Code. Failure by a subdivider to give the notice required in this subsection shall not be grounds to deny the conversion; however, if the subdivider fails to give notice pursuant to this section, he or she shall pay to each prospective tenant who becomes a tenant and who is entitled to such notice, and who does not purchase his or her unit pursuant to subsection B of this section, an amount equal to the following:

1. Actual moving expenses incurred when moving from the subject property; and

2. The first month's rent on the tenant's new rental unit, if any, immediately after moving from the subject property.

G. The subdivider has given notice sixty days prior to the filing of a tentative map to each tenant of the subject property. The notice shall be as set forth in Section 66452.9(b) of the California Government Code. The written notices required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

(Ord. 607 § 5.4, 1982; Ord. 893 § 2(2), 2014)

The planning commission shall make the following specific findings prior to approving a conversion of a mobile home park at a tentative map stage:

A. That the management has given the tenants at least fifteen days' written notice that the management will be appearing before the planning commission to request permits for a change of use of the mobile home park;

B. Each of the mobile home owners has been or will be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such lots will be initially offered to the general public, or upon terms more favorable to the tenant, taking into account improvements made by that tenant (i.e., landscaping, decks, pads, etc.). 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 California Business and Professions Code and Sections 15.20.150 and 15.20.160 of this chapter, unless the tenant gives prior written notice of his intention not to exercise the right;

C. That the management shall be required to give the tenant twelve months or more written notice of the proposed change after the management has made initial application to the planning commission requesting a change of use;

D. That all requirements for tenant notification have been or shall be complied with pursuant to Section 798.55, 798.56 and 798.57 of the California Civil Code;

E. That at least sixty percent of the residents within the mobile home park are in favor of conversion;

F. That residents sixty-two years of age or older or permanently disabled would receive lifetime leases at current rental rates, amended by a cost-of-living escalator, not to exceed the National Consumer Price Index figure; this shall include a surviving spouse;

G. That low and moderate income tenants would receive two-year leases at current rental rates, amended by a cost-of-living escalator, not to exceed the National Consumer Price Index figure;

H. That the project site has been rezoned to appropriate P-C zoning.

(Ord. 607 § 5.5, 1982)

If the planning commission finds that the original owner of a project has done any of the following, then as a condition of the approval of the project, the present owner/applicant shall assume all costs of moving the mobile home within fifty miles, if the mobile home has to be moved:

A. Removed the wheels and/or axles from a mobile home sold in place in the park; and

B. Sold a mobile home in place in the park which has been physically located by the park owner in such a manner that it cannot practicably be moved; or

C. Restricted the park by rule or regulation that a tenant was required to perform the provisions of subsections (A) or (B) of this section.

(Ord. 607 § 5.6, 1982)

The planning commission may incorporate the following conditions into the approval of a conversion project to assist and ease the displaced tenants:

A. The tenant's rent shall not be increased from the time the tenant is notified of intention to convert until relocation takes place;

B. Tenants will receive moving expenses of two times the monthly rent.

(Ord. 607 § 5.7, 1982)