§ 16.36

The purpose of this chapter is to:

A.

Establish criteria for the conversion of existing multiple-family rental housing to condominiums;

B.

Promote the concept of home ownership and bring a greater amount of owner-occupied housing on the market that is affordable by all economic segments of the community;

C.

Ensure that converted housing achieves a high degree of appearance, quality and safety and is consistent with the goals of the city;

D.

Provide a reasonable balance of ownership and rental housing and a variety of choices of tenure, type, price and location of housing;

E.

Maintain a supply of rental housing for low-income and moderate-income persons;

F.

Reduce the impact of conversion on residents in rental housing who may be required to relocate due to the conversion of apartments to condominiums by providing procedures for notification and adequate time and assistance for such relocation;

G.

Assure that purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase; and

H.

Establish procedures and requirements for the conversion of existing mobilehome parks to resident ownership.

(Ord. 879 § 1 (part), 2007; Ord. 661 § 1 (900.010), 1994)

In addition to the other subdivision requirements and procedures, a conversion is subject to the requirements in this chapter. An application for approval of a tentative map for the condominium subdivision shall be accompanied by the following items:

A.

Physical Elements Report. A report prepared by a state licensed structural or civil engineer or certified architect on the physical elements of each structure and facility, which shall include, but not be limited to, the following:

1.

A report detailing the structural condition of each element of the property, including foundation, electrical, plumbing, utilities, walls, ceilings, windows, recreational facilities, sound transmission of each building, mechanical equipment, parking facilities and appliances. Regarding each element, the report shall state to the best record, knowledge or estimate of the applicant, when the element was constructed or installed; when the element was last replaced; the approximate date upon which the element will require replacement; the cost of replacing the element; and any variation of the physical condition of the element from the zoning and building code in effect on the date that the last building permit was issued for the structure. The report shall identify each defective or unsafe element and set forth the proposed corrective measures to be employed,

2.

A report from a licensed structural pest control operator, approved by the city, on each structure and each unit within the structure,

3.

A statement of repairs and improvements to be made by the subdivider which are necessary to refurbish and restore the project to achieve a high degree of appearance and safety;

B.

Plot Plan. A plot plan of the project, including the location and sizes of structures, parking layout and access areas, sewer, water and storm drains, and any other information required by the director of community development;

C.

Construction Plans. Construction plans detailing all required alterations and/or additions to the structure shall be provided and upon approval the appropriate permits shall be obtained;

D.

Notice of Intent to Convert. A signed copy from each tenant of notice of intent to convert as specified in subsection A of Section 16.36.050 or evidence that a certified letter of notification was sent to each tenant for whom a signed copy of the notice is not submitted.

(Ord. 661 § 1 (900.020), 1994)

A.

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

B.

Notice to Tenants and Prospective Tenants. Before tentative map approval, the planning commission shall hold a public hearing. In addition to all other notices required by the Subdivision Map Act and this title, the subdivider shall give notice prior to filing the tentative map to prospective tenants and tenants in the manner provided by Government Code Sections 66452.8 and 66452.9 and Section 16.36.050.

C.

Acceptance of Reports. The final form of the physical elements report and other documents required under Section 16.36.020, Application Requirements, shall be as approved by the city. The reports in their accepted form shall remain on file with the building and safety division for review by the public. They are referred to collectively in this chapter as "the reports."

D.

Copy to Buyers. The subdivider shall provide each purchaser with a copy of the reports (in their final acceptable form) before the purchaser executes an agreement to purchase a unit in the project, and the developer shall give the purchaser sufficient time (a minimum of seven calendar days but not more than thirty (30) calendar days) to review the reports. A copy of the reports shall be available at all times at the sales office and shall be posted at various locations, as approved by the city, at the project site.

E.

Homeowners Association Agreement or CC&Rs. Homeowners association agreement or CC&Rs (covenants, conditions and restrictions) shall be submitted for review and approval by the director and city attorney prior to approval of the final map.

F.

Building Department.

1.

Inspection. The premises to be inspected including structures, common areas, site improvements, public improvements and other related facilities shall be inspected by a registered engineer or certified architect. A list of deficient conditions that may exist by reason of noncompliance with this code (including Title 17, Uniform Building Code, etc.) shall be identified, and the deficient items shall be refurbished and restored in accordance with Section 16.36.040. The building official may accompany the engineer or architect at the building official's discretion.

2.

Building Plan Check. The purpose of the plan check is to correct the deficiencies that may exist by reason of noncompliance with state and federal law and this code and to have the deficiencies corrected prior to submitting the final map. The owner shall submit building plans in the number and manner acceptable to the building and safety official. Prior to the issuance of permits for the condominium conversion, the building plans shall show how the deficiencies listed under this section will be brought into conformance with the current mandated codes. All deficiencies must be corrected to the satisfaction of the building and safety official or his representative prior to the acceptance of the final subdivision map.

(Ord. 661 § 1 (900.030), 1994)

The following standards apply to a condominium conversion. These standards must be satisfied, or security provided in a form approved by the city attorney, before the final map is approved.

A.

Building Regulations.

1.

The project shall conform to the applicable standards of the Federal Americans with Disabilities Act, and state and city building codes in effect at the time of the approved tentative map.

2.

Structural standards shall remain in effect based on the final inspection approved at the time of the official construction or any subsequent alteration approved by the building official.

Any addition, alteration of removal from the original construction which has been accomplished without proper permit issuance and final inspection shall be made to conform to all current federal and state laws, and city ordinances in effect at the then current time of request for conversion to condominium units.

4.

All recognized fire and life safety violations shall be remedied with the appropriate permits and inspections prior to the approval of the final subdivision map.

5.

Each living unit shall have each sleeping room and all basements equipped with an escape and rescue window in accordance with the Uniform Building Code.

B.

Fire Prevention.

1.

Fire-Warning Systems. Each living unit shall be provided with a fire-warning system conforming to the latest Uniform Building Code, Section 1210 (a) standards in type and locations.

2.

Maintenance of Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protective appliances shall be retained in an operable condition at all times.

3.

Certificate of Completion. Upon completion of all required inspections and each item required by other city departments, county agencies (fire department, health department, etc.), or other state agencies, the building official shall issue a certificate of completion for each separate unit.

C.

Sound Transmission.

1.

Vibration Transmission. All permanent mechanical equipment (such as motors, compressors, pumps and compactors) which is determined by the building inspector to be a source of structural vibration or structural-borne noise shall be vibration isolated with inertia blocks or bases or vibration isolator springs in a manner approved by the building inspector.

2.

Noise Standards. The converted structures shall conform to all interior and exterior sound transmission standards of the State Administrative Code, Title 24, and Uniform Building Code, Appendix—Chapter 35. Where present standards cannot reasonably be met, the planning commission may require the applicant to

notify potential buyers of the noise deficiency currently within the unit. Each potential buyer shall file a notice with the city stating that they understand the noise deficiency, its effects, and that they fully accept the conditions. This notice shall be recorded at the county recorder's office by the subdivider and returned to the initial purchaser.

D.

Utilities.

1.

Separately Metered Utilities. Each dwelling unit shall be separately metered for all utilities (gas, electricity, water, etc.), and access shall be provided to, through, above, under and around all utilities for maintenance purposes and shall be shown on recorded easements with provisions for utility replacement and repair.

2.

Access of Utilities. Access as described in subsection (D)(1) of this section shall be provided by each living unit owner. Replacement of any damaged items or areas shall be the responsibility of the person needing the maintenance or repair accomplished if within the structure or structures. If the repair is in the area of common ownership the cost shall be borne by the homeowner's association.

3.

Sewer Laterals. Each building shall have a separate sewer lateral to the mainline.

E.

Maintenance Assessment District.

1.

The project shall be required to annex into the following districts:

a.

Drainage maintenance district; and

b.

Lighting maintenance district; and

c.

Landscape maintenance district. (Annexation to the landscape maintenance district shall be determined on a case-by-case basis.)

2.

The annexation fees shall be paid by the subdivider prior to approval of the final map. First year annual assessments shall not be paid by the subdivider but the property shall be added to the tax rolls and

assessed for each maintenance district following recordation of the final map.

3.

The owner of the condominium(s) shall notify each prospective buyer of the future assessments on the property for the maintenance districts. Each subsequent prospective buyer shall be so notified until such time as the assessments have been posted on the tax rolls. A copy of each notification signed by the buyer shall be provided to the city engineer and shall be filed with the records of the condominium conversion.

F.

Parking. The project site shall meet the requirements listed in parking requirements by use, Section 17.08.140C.

(Ord. 718 § 5, 1996; Ord. 661 § 1 (900.040), 1994)

A.

Notice of Intent. Beginning at least sixty (60) days before the filing of a tentative map, the subdivider shall give notice of intent to convert to each tenant and prospective tenant as provided in Government Code Sections 66452.8 and 66452.9. Evidence of receipt shall be submitted with the tentative map. The form of the notice shall be as approved by the director and shall contain not less than the following:

1.

The information required by Government Code Section 66452.8 or 66452.9;

2.

Name and address of current owner;

3.

Name and address of the proposed subdivider;

4.

Approximate date on which the tentative map is proposed to be filed;

5.

Approximate date on which the final subdivision map is to be filed;

6.

Approximate date on which the unit is to be vacated by nonpurchasing tenants;

7.

Tenant's right to purchase;

8.

Tenant's right of notification to vacate;

9.

Relocation information;

10.

Other information as deemed necessary by the director.

B.

Tenant's Right to Purchase. As provided in Government Code Section 66427.1(d), a present tenant of a unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public. The right of first refusal shall extend for at least ninety (90) days from the date of issuance of the subdivision public report or beginning of sales, whichever is later. If the offered price to the public is lower than the original price in the first right of refusal at any time, the occupying tenant shall be granted a new ninety (90) day period for first right of refusal.

C.

Vacation of Units. Each nonpurchasing tenant, not in default under the rental agreement or lease under which he occupies his unit, shall have not less than one hundred eighty (180) days from the date of receipt of notification from the subdivider or intent to convert, or from the filing date of the final subdivision or parcel map, whichever is later, to find substitute housing and to relocate.

(Ord. 661 § 1 (900.050), 1994)

On an annual basis the city will conduct a survey to determine whether multiple family projects have a vacancy rate of less than four percent. The maximum number of multiple-family units which may be approved for condominium conversions in any one calendar year shall be determined by the city's vacancy rate in accordance with the following:

A.

In the event that the vacancy rate is in excess of four percent, the planning commission shall not restrict the number of conversions that year.

B.

In the event that the vacancy rate is four percent or less, the applicant shall provide any additional information requested by the director of community development to provide an analysis to the planning commission of the number of households within the project that qualify as low income and their ability to locate comparable housing. The planning commission may do the following:

1.

Deny the request for conversion if it is determined that such conversion would have an adverse effect on the ability of low to lower income tenants to locate adequate comparable housing.

2.

The planning commission may approve the request for condominium conversion if the applicant agrees to the following mitigation measures:

a.

Offer the low, lower and moderate income tenants the unit occupied at a sales price at least five percent lower than the price offered to the public; or

b.

In order to find suitable comparable housing, the tenants may occupy the units for at least an additional year after the approval of the final map at the same rental rate; and

c.

Provide the tenants with up-to-date information of the available apartments of comparable size and price which are located within a fifteen (15) mile radius of the apartment to be converted; and

d.

The subdivider shall pay all moving expenses, including fourteen (14) days of utilities service, to an eligible tenant within fourteen (14) days after the tenant relocates.

(Ord. 661 § 1 (900.060), 1994)

The planning commission may not approve an application for condominium conversion unless it finds that the proposed conversion:

A.

Conforms to the requirements of this chapter; and

B.

Is consistent with the city general plan and current zoning regulations; and

C.

Will not displace a significant number of low, lower and moderate income rental units from the city's housing stock; and

D.

Satisfies the requirements of Government Code Section 65427.1 (regarding notice to tenants); and

E.

Will not be detrimental to the retention of low, lower and moderate housing stock or reduce or alter significantly the opportunity within the city for the housing of young or elderly citizens; and

F.

Conforms to the applicable findings of Section 16.08.110.

(Ord. 661 § 1 (900.070), 1994)

An application for conversion of an existing mobilehome park to resident ownership shall comply with the requirements of Sections 66427.4 and 66427.5 of the Government Code of the state of California, and with Chapter 11.12 of this code.

(Ord. 879 § 1 (part), 2007)

Chapter 16.40 - REVERSION TO ACREAGE