Long Beach Municipal Code Art. 3 Commercial/Industrial/Rental to Commercial/Industrial/Residential Ownership

The provisions of this Article shall apply to any project consisting of the conversion of commercial/industrial rental to commercial/industrial/residential ownership.

(ORD-23-0051 § 1(Exh. A), 2023)

A current property owner shall be responsible to give each tenant and each prospective tenant all applicable notices and rights now or hereafter as required by these regulations and State Law. Prior to sending out notices, the property owner shall ask tenants of their preferred language for the notice. A draft version of the notices shall be submitted to the Community Development Department for review and approval to wording and format prior to sending to tenants. Upon request by a visually impaired or blind recipient, special notice options shall be made available such as a braille notice, mailed CD with audible notice, or a follow-up phone call from City staff to read the notice. These notices shall be documented and receipts of such notices by each tenant or prospective tenant shall be furnished to the Community Development Department. The notices shall include but is not limited to:

A. Each tenant shall be given written notice of the public hearing at least ten (10) days prior to the public hearing on the tentative map before the Planning Commission or Zoning Administrator. 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, if approved, would result in the tenant's eviction; and explanation of the tenant's rights and benefits if the conversion is approved; and the grounds upon which the Planning Commission or Zoning Administrator can deny the request for conversion.

B. Each tenant shall receive written notification within ten (10) days of approval of a tentative map for the proposed conversion. 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.

C. Each tenant shall receive written notice of approval of a final map within ten (10) days after the approval. Such notice shall also specify that each tenant shall have a ninety (90) day exclusive option to purchase a unit, that no eviction shall occur as a result of conversion prior to the end of that ninety (90) day period. If the property owner has no intention to sell units within two (2) years after approval of a final map, such intention shall be clearly stated and a minimum of one hundred eighty (180) day notice prior to the eviction and a ninety (90) day period for an option to purchase shall be provided to each tenant.

(ORD-23-0051 § 1(Exh. A), 2023)

Consistent with the noticing review process and options described in Section 20.32.210, each tenant shall be given notice of an exclusive right to contract for the purchase of an occupied unit, or other available rental unit(s) in the building upon the same terms and conditions that such units will be initially offered to the general public or on terms more favorable to the tenant; the right shall run for a period of not less than ninety (90) days from the date of approval of a final map, unless the tenant gives prior written notice of his intention not to exercise the right.

(ORD-23-0051 § 1(Exh. A), 2023)

A. Whenever, after submittal of a tentative map for conversion (or after completion of building for which a tentative map for approval of a condominium or stock cooperative has received approval) each prospective tenant shall be informed of the owner's intention to convert. Such disclosure shall occur prior to finalization of any rental or lease agreement. Such disclosure shall be a single page document stating that an application for conversion has been submitted and that the prospective tenant should consider that at some future date the building will be converted. The prospective tenant shall sign such document acknowledging that he has been notified of the potential conversion.

B. The disclosure document shall also disclose that the prospective tenant will not be entitled to benefits or rights as required by these regulations. However, any tenant who does not receive such notification shall be entitled to these benefits.

C. Regardless of each prospective tenant being informed of the proposed conversion prior to finalization of any rent or lease agreement, a notice of such intended conversion shall be posted and maintained at all times in a highly visible location on the site.

(ORD-23-0051 § 1(Exh. A), 2023)

The minimum off-street parking shall be provided in accordance with the current standards in Chapter 21.41 or Title 22 of the Municipal Code, Planned Developments, and Specific Plans, except as specified in this Section. The following exceptions apply:

A. If the conversion meets applicable affordability standards in accordance with Government Code Sections 65915 through 65918, the project may use the allowed lower parking requirements included in this code.

B. If the project is located within one-half (½) mile radius from a major public transit stop as defined in Section 21155 of the Public Resources Code, no parking shall be required as pursuant to Government Code Section 65863.2 for residential and commercial projects or other development projects unless the City makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record.

C. If the project is outside of the half-mile radius of a major public transit stop but with the Transit Priority Area, Transportation System Demand Management (TDMs) strategies may be implemented, subject to Site Plan Review Committee.

1. The covenants, conditions, and restrictions (CC&Rs) shall demonstrate how the Homeowners Association (HOA) will manage the strategies implemented in the TDMs for the project.

2. Conversion projects in the Coastal Zone do not qualify for TDMs, except for areas within the Southeast Area Specific Plan (SEASP).

D. A commercial property may be exempted from the current parking standard of Chapter 21.41 and Title 22 for a commercial condominium conversion project if parking for the development, at a minimum, reflects the parking requirement for which it was originally approved.

(ORD-23-0051 § 1(Exh. A), 2023)

The owner seeking conversion shall file a request with the Building and Safety Bureau for a special code compliance inspection. The report from such inspection of all units to be converted must be received by the Planning Bureau before an application for a tentative map for a conversion is considered complete. Such report shall list all violations relating to the applicable requirements in Title 18 of the Long Beach Municipal Code which may cause health or safety hazards as determined by the Building and Safety Bureau.

The subdivider shall correct all listed violations prior to approval of the final map.

Such fees as are established by City Council resolution shall be paid for the inspection and for any subsequent inspection as is necessary to ensure that corrections have been completed.

(ORD-23-0051 § 1(Exh. A), 2023)

The owner shall submit with the application for tentative map approval for conversion, inspection reports from State licensed contractors for the heating and plumbing systems of the project, as well as reports for an inspection of the roof and an inspection for termites. All such inspections shall have been conducted within three (3) months 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 for prior to approval of the final map.

(ORD-23-0051 § 1(Exh. A), 2023)

For exceptions, see Article 5 of this Chapter.

(ORD-23-0051 § 1(Exh. A), 2023)