Lomita Municipal Code Art. 10 Condominium Conversions

The intent and purpose of this chapter is to:

(a) Establish development standards and special conditions for the protection of the community and purchasers or renters of converted residential condominiums consistent with the goals, objectives, and policies of the general plan;

(b) Ensure that any units converted to condominiums are constructed with similar design amenities and comparable in the appearance, quality, and safety standards required for newly constructed condominiums;

(c) Provide notice of the conversion to existing tenants and give priority for the purchase of converted units to existing tenants as required by state law; and

(d) Assure that conversion projects maintain long-term economic value for the owner and the city.

(Ord. No. 695, pt. 6, 12-18-06)

Condominium, as defined by Civil Code § 1351, shall mean an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support.

Condominium conversion shall mean the conversion of existing residential developments to condominiums. Such condominium conversions may include, but are not limited to, the conversion of existing multiple-unit residential housing projects to any of the following, all as defined in Civil Code § 1351: (a) a community apartment project; (b) a condominium project; and (c) a stock cooperative.

Condominium conversion project or conversion project shall mean an existing multifamily residential rental property used exclusively for residential purposes, proposed for conversion to a residential condominium property through approval of a conditional use permit and recordation of a final map.

Existing building shall mean a building that has been issued a certificate of occupancy prior to the filing of a condominium conversion project application.

Low-income tenant shall mean a tenant whose income does not exceed eighty (80) percent of the county median income of Los Angeles County, as published and periodically updated by the State's Department of Housing and Community Development pursuant to Health and Safety Code § 50079.5.

Median rent shall mean that rent or one-forty-eighth of median income as established by the United States Department of Housing and Urban Development or as recognized by the California Department of Housing and Community Development for the statistical unit for which Lomita is a part for the most recent time period available.

Multifamily dwelling shall mean any building containing two (2) or more residential dwelling units. Includes: triplexes, fourplexes (buildings under one (1) ownership with three (3) or four (4) dwelling units, respectively, in the same structure) and apartments (five (5) or more units under one ownership in a single building); townhouse development (three (3) or more attached single-family dwellings where no unit is located over another unit); and senior citizen multifamily housing.

Qualifying tenant shall mean any tenant who satisfies any of the following criteria on the date said tenant gives or receives a notice of termination: (a) has attained age sixty-two (62); (b) is handicapped as defined in Health and Safety Code § 50072; (c) has a disability as defined in 42 U.S.C. Section 423(d); or (d) is a low-income tenant.

Subdivider shall mean the owner(s) or developer(s) with a controlling proprietary interest in the conversion project or the person(s) or organization(s) making an application hereunder.

Tenant shall mean a person or group of persons occupying a residential dwelling unit by a rent or lease agreement.

(Ord. No. 695, pt. 6, 12-18-06)

No existing residential dwelling unit may be converted to a condominium unless a conditional use permit is approved and a final map is recorded pursuant to the requirements of the Lomita Municipal Code.

(Ord. No. 695, pt. 6, 12-18-06)

In addition to the criteria applicable for a conditional use permit and a tentative map, the following criteria shall apply:

(1) Condominium conversion projects shall only be permitted on residentially zoned properties and on properties zoned for mixed use as designated by the city zoning map.

(2) The proposed condominium conversion project shall be comparable to newly constructed multifamily dwellings in terms of quality of architecture, construction, floor area, provision of off-street parking, provision of open space, private lockable storage, and other design features.

(3) Each tenant, and each prospective tenant has, or will have, received all applicable notices and rights now or hereafter required by this section or by applicable state law.

(4) Each tenant has, or will have, received applicable tenant benefits pursuant to section 11-2.378.

(Ord. No. 695, pt. 6, 12-18-06)

A subdivider shall obtain a certificate of occupancy prior to the sale, lease, use or occupancy of any building, unit, or structure approved for condominium conversion or a stock cooperative. This is required in recognition of the special problems and concerns associated with transitions from an apartment dwelling to a condominium or stock cooperative.

(Ord. No. 695, pt. 6, 12-18-06)

In addition to the application material required for a conditional use permit and tentative map, the following information shall be submitted as a part of the application for a condominium conversion:

(1) Property inspection report. A property inspection report describing the condition and useful life of all existing buildings, including foundation, mechanical, electrical, heating, plumbing, roofing, and structural elements, together with an estimated cost for repairs and replacements projected for the five (5) years following conversion. Such report shall be prepared by a state-licensed contractor. All property reports shall be conducted within the three-month period prior to the submittal of the tentative map. Any corrections or repairs recommended as reasonably necessary within the next five (5) years shall be provided prior to approval of the final map.

(2) Structural pest inspection report. A structural pest control inspection report shall be prepared by a licensed pest control operator. The subdivider shall repair or replace any damaged or infested area in need of repair or replacement as shown on the structural pest report prior to the approval of a final map.

(3) Building code compliance report. After the property inspection report and structural pest control inspection report have been completed, the subdivider shall file a request with the building and safety division for a special code compliance inspection. Copies of the property and structural pest control inspection reports shall be provided to the building and safety division at the time of filing for a building code compliance report. The report from such inspection of all units to be converted must be received by the planning division before an application for a tentative map is considered complete. Such report shall list all violations relating to the applicable building, plumbing, fire, housing, electrical, earthquake, and property maintenance codes which may cause health or safety hazards. The subdivider shall correct all listed violations prior to approval of the final map. Such fees as are established by the building and safety division shall be paid for the inspection and for any subsequent inspection as is necessary to ensure that corrections have been completed.

(4) Tenant list. A tenant list, including the names as they appear on the rental or lease agreement, the square footage and number of rooms in their respective unit, and economic and demographic information as required by the community development director.

(5) Schedule of rents. A schedule of current rents for each unit, including the dates and amounts of the last two (2) rent increases.

(6) Proposed sale prices. The approximate proposed sale price of each unit.

(7) Proposed budget. The proposed budget for submission to the real estate commissioner or a similar estimate of projected annual operating and maintenance fees or assessments.

(8) Covenants, conditions and restrictions. A copy of the proposed covenants, conditions, and restrictions.

(9) Title report. A title report not more than six (6) months old shall be provided at the time of submittal of the application for condominium conversion.

(10) Notice of intention to convert affidavit. A signed affidavit stating that the notice of intention to convert notification has been delivered to all tenants at least sixty (60) days prior to the filing of a tentative map, with a sample of the notice attached.

(11) Fees. All applicable permit processing fees shall be paid at the time of application submittal. All development fees shall be paid prior to the issuance of any building permit.

(12) Additional information. Any other information which, in the opinion of the community development director, will ensure compliance with this chapter.

(Ord. No. 695, pt. 6, 12-18-06)

Notices of public hearings shall be mailed by the city to the list of tenants provided by the subdivider and as required pursuant to Article 70 of this chapter.

The subdivider shall also provide the following additional notification to tenants. These notices shall be documented and proof of receipt of such notices by each tenant or prospective tenant shall be furnished to the planning division:

(1) Prior to filing of map. The California Subdivision Map Act (Government Code § 66427.1) requires that all tenants be notified by first class mail at least sixty (60) days prior to the filing of a tentative map. The notice of intention to convert must be worded exactly as set forth in Government Code § 66452.9. The subdivider must give the notice of intention to convert to prospective tenants applying to rent a unit during the sixty (60) days prior to the filing of a tentative map before the subdivider can accept any rent or deposit from the prospective tenant pursuant to Government Code § 66452.8.

(2) Posting of notice. The notice of intention to convert shall be posted and maintained at all times in a highly visible location, including outside the manager's office or unit, or the rental office, if any.

(3) Prior to planning commission public hearing. Each tenant shall be given written notice of the public hearing at least ten (10) days prior to the public hearing before the planning commission. Such notice shall be as specified by the community development director and shall contain, as a minimum, an estimate as to the length of time before the conversion project, if approved, would result in the tenant's eviction; an explanation of the tenant's rights and benefits if the conversion is approved; and the grounds upon which the planning commission can deny the request for conversion.

In addition, a copy of the written staff report to the Planning Commission on the proposed conversion shall be delivered to each tenant of the subject property at least 3 days prior to the hearing date.

(4) Subsequent to planning commission public hearing. Each tenant shall receive written notification within ten (10) days of approval of a proposed conversion project. Such notice shall contain, as a minimum, an explanation of the tenant's rights and benefits as a result of the conversion, and a statement that no evictions will occur as a result of conversion for at least one hundred eighty (180) days.

(5) Prior to filing of public report. At least ten (10) days prior to the filing of a public report with the department of real estate, each tenant of the proposed conversion project shall receive by first class mail a written notice that an application for a public report will be submitted to the department of real estate and that such report will be available on request.

(6) Prior to approval of a final map. Each tenant shall receive written notification by first class mail at least ten (10) days prior to consideration of final map approval for the conversion project by the city council.

(7) Subsequent to approval of a final map. Each tenant shall receive written notification by first class mail at least ten (10) days after the approval by the city council of a final map for the proposed conversion. Such notices shall provide an estimate of the length of time prior to eviction. For all conversion projects, special relocation benefits shall be provided to tenants in accordance with this chapter. The subdivider shall specify in the notice when the tenants will be eligible for these benefits.

(8) Exclusive right to contract. Each of the tenants of the proposed converted condominiums will be given notice by first class mail of an 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 (90) days from the date of issuance of the subdivision public report, pursuant to Business and Profession Code § 11018.2, unless the tenant gives prior notice of his or her intention not to exercise the right.

(Ord. No. 695, pt. 6, 12-18-06; Ord. No. 733, § 2(pt. 2), 9-7-10)

Commencing with the filing of a tentative map application and until such time as all tenants have received the benefits in this chapter, the subdivider shall provide a written report to the city no less than every thirty (30) days that includes the following information:

(1) A listing of tenant names and addresses, including forwarding addresses;

(2) The date on which each tenant or prospective tenant began occupancy and ended occupancy;

(3) A listing of tenants that may qualify as qualifying tenants, including their rental rates;

(4) Copies of all notices, letters, and related correspondence mailed, delivered or otherwise presented to tenants and prospective tenants and a listing of the tenants and prospective tenants who received the material; and

(5) A brief description of the occupancy status of each tenant indicating the intent of the tenant to end occupancy or to purchase his or her unit.

(Ord. No. 695, pt. 6, 12-18-06)

The subdivider shall provide assistance to tenants as follows:

(1) Limitation on evictions. No eviction shall occur as a result of conversion for at least one hundred eighty (180) days after the approval of a tentative map.

(2) Financial assistance. The subdivider shall provide financial assistance equal to twice the average monthly rent for the six-month period prior to the filing of the tentative map to any tenant that relocates after the approval of a tentative map by the city council. The financial assistance payment shall be made 30 days prior to the termination of the tenant's tenancy.

(3) Financial assistance to qualifying tenants. Because of the extreme difficulty experienced by certain segments of the population in finding suitable, safe, sanitary, and affordable housing, the subdivider shall provide financial assistance equal to thrice the average monthly rent for the six-month period prior to the filing of the tentative map to any qualifying tenant that relocates after the approval of a tentative map by the city council. The financial assistance payment shall be made thirty (30) days prior to the termination of the qualifying tenant's tenancy.

(4) Local rental unit information. Information on available rental units in the same general area with costs comparable to the preconverted apartments shall be provided by the subdivider on a calendar quarterly basis. Copies of the list shall be dated, posted on site, and provided to the planning division.

(5) Maximum benefits. The total amount of benefits for any tenant under this section shall not exceed three thousand dollars ($3,000.00), except that such amount shall be increased on a percentage basis as determined by the change in the consumer price index between January 1, 2007, and January 1 of the year in which the final map is submitted for approval. Benefits shall be due and payable at the time of moving (if not required before moving) or entry into escrow to purchase the subject unit.

(6) Exclusions. A tenant or qualifying tenant is not entitled to financial assistance pursuant to this subsection if they have been evicted for just cause or have not made rental payments to which the subdivider is legally entitled. Also, prospective tenants of a conversion project for which a notice of intent to convert has been issued shall not be entitled to tenant financial assistance.

(Ord. No. 695, pt. 6, 12-18-06)

Parking areas shall be designed and constructed in conformance with standards set forth in the Lomita Municipal Code, Article 66.

Storage and parking of vehicles and recreation equipment in the yard areas shall be subject to Lomita Municipal Code Article 66, section 11-1.66.09(B).

(Ord. No. 695, pt. 6, 12-18-06)

The following development standards shall be required for all condominium conversion projects:

(1) Setback requirements. All additions, alterations, and/or modifications to the existing structure(s) shall meet the current setback requirements for multifamily residential development in the RVD (Residential, Variable Density) zone.

(2) Density. Legally existing residential units may be converted to condominiums regardless of density requirements subject to applicable development standards contained within this section.

(3) Fire protection—Combustion-detection equipment. A combustion-detection system shall be provided for each residential unit. Detectors shall be mounted on the ceiling or wall (within twelve (12) inches of the ceiling) of each room used for sleeping purposes and a point located in the corridor or area giving access to rooms used for sleeping purposes. All required detectors shall be located in accordance with approved manufacturer's instructions and shall receive their primary power from the building's main electrical system.

(4) Fire protection—Sprinkler and other systems. A sprinkler system, fire alarm, and other fire-protection devices shall be installed as required for new buildings as required by building and safety.

(5) Open space.

a. Common and private open space. Common and private open space shall be required as specified in section 11-1.33.05(G).

b. Common recreation area. A minimum of two hundred fifty (250) square feet of common recreation area shall be required for all condominium conversion projects. Common recreational areas must have a minimum dimension of fifteen (15) feet in any direction. The common recreation area may be in an enclosed building. This requirement may be met be converting existing residential dwelling units into indoor common recreational areas. Common recreational areas shall include, but not be limited to, meeting rooms, rumpus rooms and lounges. The use and preservation of the common recreation areas must be governed by the covenants, conditions, and restrictions.

c. Private recreation area. A minimum of two hundred fifty (250) square feet of private open space shall be required for the enjoyment of each unit and shall not be enclosed in a building.

(6) Building security. The building must comply with building security regulations as required for new buildings by the Building and Safety Department.

(7) Sound attenuation. Sound attenuation in all wall and floor-to-ceiling assemblies abutting other dwelling units, or hallways shall be required to meet a minimum Sound Transmission Class (STC) of forty-nine as defined in Uniform Building Code Standard No. 35.1 and ASTM Standard E-413 "Determination of Sound Transmission Class". (Field tested data may be substituted for the STC specifications to validate STC forty-nine ratings.) Common walls where plumbing facilities or built-in facilities preclude reasonably feasible upgrading to STC forty-nine shall be excepted.

(8) Laundry area. Each unit shall have an area in the unit or garage for laundry facilities. If located in the garage it shall not occupy the required garage parking space.

(9) Storage space. Each unit shall have at least two hundred (200) cubic feet of enclosed and lockable storage space for the sole use of the unit resident. Such space shall be in addition to the unobstructed parking area in the garage, laundry area, linen or clothes closets or food pantry that are customarily within the unit. Location of such space shall be determined by staff and/or Planning Commission on an individual basis.

(10) Lighting. Adequate lighting of parking and driveway areas is required. It shall be placed in such a manner as to not illuminate adjacent properties.

(11) Utilities. All utilities, both on-site and off-site, shall be placed underground.

(12) Landscaping. All landscaped areas shall have an automatic sprinkler system installed.

(13) Walls. A solid masonry wall at least six (6) feet in height shall be constructed along the perimeter of condominium conversion developments, except along the public right-of-way, within the twenty-foot front yard setback area and where said wall would obstruct the visibility of pedestrian and/or vehicular traffic. At each point along the perimeter, the height of the wall shall be measured from the higher of the finished grade on either side of the wall.

(14) Trash and recycling enclosures. Areas for collection and loading of solid waste and recyclable materials shall be required pursuant to article 61, "Solid Waste and Recyclable Materials Collection and Loading Areas."

(15) Insulation. Insulation in ceilings and attics exposed to the exterior of the building must comply with energy insulation standards of both the city and state as applicable to new buildings.

(16) Weather stripping. All operable doors and windows opening to the exterior or to unconditioned areas such as garages shall be fully weather stripped, gasketed or otherwise treated to limit temperature infiltration.

(17) Separate utility meters. All units shall be converted to separate utility meters except when common water heating systems are provided or when the type of common meter system is such that it is not reasonably feasible to convert to a separate meter system.

(18) Deviations from development standards. The planning commission may grant deviations from any listed development standard under the conditional use permit.

(Ord. No. 695, pt. 6, 12-18-06)

Conversion projects must be consistent with the general plan. The planning commission, or city council on appeal, may waive consistency with the general plan if it finds that adequate provisions are made for the long-term maintenance of the building.

(Ord. No. 695, pt. 6, 12-18-06)

The intent of the city in requiring the creation of a reserve fund for condominium conversions is to provide a surety for unexpected or emergency repairs to common areas in the interest of the economic, aesthetic, and environmental maintenance of the community, as well as to protect the general welfare, public health, and safety of the community. Upon the close of escrow for each unit, the subdivider shall convey to the homeowners' association's reserve fund a minimum fee of two hundred dollars ($200.00) per dwelling unit. When fifty (50) percent or more of the total units in the conversion project have been sold, the subdivider, within thirty (30) days, shall convey such fee for each of the unsold units. Such funds shall be used solely and exclusively as a reserve fund for emergencies which may arise relating to open space areas, exterior portions of dwelling units, and such other restoration or repairs as may be assumed by the homeowners' association.

(Ord. No. 695, pt. 6, 12-18-06)

A subdivider of an approved condominium conversion project shall be required to pay all applicable development taxes and fees prior to the issuance of any building permit as established by the Lomita Municipal Code.

(Ord. No. 695, pt. 6, 12-18-06)