Long Beach Municipal Code Art. 2 Residential Rental to Residential/Commercial/Industrial Ownership Requirements

The provisions of this Article shall apply to any project consisting of the conversion of residential rental unit use to an ownership unit of any use.

(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, documents, and rights now or hereafter as required by these regulations and State Law. These notices shall be documented and receipts of such notices by each tenant or prospective tenant shall be furnished to the Community Development Department. These notices shall include, but are not limited to:

A. Each tenant shall be given written notice of the intent to seek a conversion a minimum of sixty (60) days prior to the filing of a tentative map for the subject rental property.

B. Each tenant shall be given written notice 10 days prior that an application for a public report will be submitted to the Bureau of Real Estate, that the period for each tenant's right to purchase begins with the issuance of the final report, and that the report will be available upon request. 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 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 and 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; an explanation of the tenant's rights and benefits if the conversion is approved; and the grounds upon which the Planning Commission or the Zoning Administrator can deny the request for conversion.

D. A copy of the agenda and staff report to the Planning Commission and Zoning Administrator on the proposed conversion shall be delivered to each tenant of the subject property at least three (3) days prior to the hearing date.

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

F. Each tenant shall receive written notification at least ten (10) days prior to consideration of final map approval for the subject conversion by the City Council, or Director of Public Works, as applicable. Such notices shall provide an estimate of the length of time prior to eviction. For all projects, relocation assistance/benefits shall be provided in accordance with Long Beach Municipal Code, Chapter 21.60 of the Zoning Regulations, and State Law. The subdivider shall specify when the tenants will be eligible for these benefits and eviction shall not occur for at least one hundred eighty (180) days after the date as specified.

G. For a project with five (5) units or more, each tenant shall receive written notice within five (5) days of the issuance of the final subdivision public report by the State Bureau of Real Estate. A copy of this report shall be available to tenants on request.

H. No eviction shall occur as a result of conversion for at least one hundred eighty (180) days from approval of a tentative map, and the end of the ninety (90) day period of the exclusive option to purchase the unit. If a property owner does not offer the units for sale to the tenants within two (2) years after approval of a final map, the minimum one hundred eighty (180) days' notice prior to the eviction including a ninety (90) day exclusive option to purchase period shall be provided to each tenant prior to eviction when the owner decides to offer the units for sale. Within the designated time periods prior to notice of eviction, tenant rental rates shall not be increased.

I. Very low- or low-income households shall not be displaced from housing unless first given prior written notice of the intended conversion, on a form provided or approved by the Housing & Neighborhood Services Bureau, at least eighteen (18) months prior to the intended date of displacement. Less notification time may be permitted in accordance with Chapter 21.60.

(ORD-23-0051 § 1(Exh. A), 2023)

Each tenant shall be given notice of an exclusive right to contract for the purchase of an occupied unit, or other available rental units 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: This right shall run for a period of not less than ninety (90) days from:

A. The date of approval of a final map (for four (4) units or less); or

B. The date of issuance of the final subdivision public report (for five (5) units or more) unless the tenant gives prior written notice of their intention not to exercise the right.

(ORD-23-0051 § 1(Exh. A), 2023)

A. Whenever, after serving of the notice of intention to submit a tentative map for conversion (or after completion of a multi-family dwelling for which a condominium, community apartments or stock cooperative map has received tentative approval), the owner rents or leases any dwelling unit affected by such map, the person to whom the dwelling is to be rented or leased 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 will be or 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. Any person so notified shall not be entitled to the moving expenses or displacement benefits specified in this Section. However, a tenant who resides in the complex when the first notice of intention to convert is given or when first notified of the intent to convert, shall still be entitled to the moving expenses or displacement benefits specified in this Section regardless of notice prior to execution of a rental or lease agreement. The disclosure document shall also disclose that the prospective tenant will not be entitled to these expenses or benefits. Any tenant who does not receive such notification shall be entitled to these expenses or 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 outside the Manager's office or unit or the rental office, if any.

(ORD-23-0051 § 1(Exh. A), 2023)

After approval of the tentative map, action by the landlord which is intended to cause the tenant to quit the premises prior to one hundred eighty (180) day notice, including unreasonable rent increases, shall be considered harassment and shall be grounds for denial of a final map.

(ORD-23-0051 § 1(Exh. A), 2023)

The owner seeking a 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 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 owners 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 if applicable. 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)

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) as required by Title 18 of the Long Beach Municipal Code. Whenever there are practical difficulties involved in carrying out the provisions of this Section, a code modification may be considered pursuant to Section 18.03.050 for justifiable cause. To support a requested code modification, documentation shall be provided from a third-party acoustic engineer on sound attenuation conditions between units vertically and horizontally as well as exterior noise. Recommended improvements should be identified to ensure compliance to the maximum extent practical.

(ORD-23-0051 § 1(Exh. A), 2023)

A smoke and carbon monoxide device(s) shall be provided for each residential unit. A device or devices shall be located and mounted as required in Title 18 of the Long Beach Municipal Code. All required detectors shall be located in accordance with approved manufacturer's instructions and shall receive their primary power from the buildings wiring.

(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:

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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.

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If the project is located within a 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 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.

•

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

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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.

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

(ORD-23-0051 § 1(Exh. A), 2023)

When parking is required, no less than one (1) parking space that may be independently accessed shall permanently be available to each dwelling unit, except that upon request, the Site Plan Review Committee may waive this requirement and allow unbundled parking (parking spaces rented or sold separately, rather than automatically included with the rent or purchase price of a residential unit), subject to the meeting following:

A. The covenants, conditions and restrictions (CC&Rs) shall demonstrate how the Homeowners Association (HOA) will manage the unbundled parking for the project.

(ORD-23-0051 § 1(Exh. A), 2023)

Each unit shall be subject to the building security provisions in accordance with Title 18 of the Long Beach Municipal Code, which shall include, but is not limited to the following:

A. Keying.

B. Door Jambs.

C. Locks.

D. Doors.

E. Hinges.

F. Windows and Sliding Glass Doors.

G. Street Numbers.

H. Lighting.

(ORD-23-0051 § 1(Exh. A), 2023)

An energy audit of the buildings shall be performed that evaluates how existing conditions can more closely reflect current Building Code requirements. A report with the audit's findings shall be prepared to the approval of the City's Chief Building Official. At the Building Official's discretion in terms of feasibility to implement, the following minimum energy conservation standards shall be met or exceeded for all conversions prior to approval of the final map:

A. Insulation. Insulation in ceilings and attics exposed to the exterior of the building shall be such that the resistive value of the ceilings and attics shall be of "R-value" of at least R-19.

B. 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.

C. Pools. Swimming pool covers shall be installed for existing swimming pools.

D. 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.

(ORD-23-0051 § 1(Exh. A), 2023)

No conversion shall be permitted if more than fifteen percent (15%) of the total number of units in the conversion have a unit size less than four hundred fifty (450) square feet, unless the project involves micro units as defined in Chapter 21.15.1756 and meets the special standards within Chapter 21.45.600.

A. Conversion projects involving micro-units shall be applicable until the 500-unit cap of micro-units is satisfied, unless extended by City Council Action.

(ORD-23-0051 § 1(Exh. A), 2023)

An existing conditions report shall be provided to determine if right-of-way and utility improvements, as well as other site improvements will be required for the development. The following are typical project improvements that may require upgrading as part of the conversion request:

A. Right-of-way improvements abutting the property including sidewalks, curbs cuts, curbs, gutters, driveway approaches, alleys and parkway landscaping including trees.

B. Repaving and striping of on-site hardscapes such as parking areas and driveways.

C. Utilities such as gas lines, water mains, and sewer laterals, and other utilities.

D. Building façade upgrades such as siding replacement, plaster patching, new windows, and painting.

E. Landscaping improvements for beautification, energy efficiency, reducing water runoff and reducing water use.

F. Open space enhancements and community recreation facilities.

(ORD-23-0051 § 1(Exh. A), 2023)

Based on the recommendations of the existing conditions report identified in Section 20.32.175, an improvement plan shall be submitted to the Community Development Department that includes detailed information for upgrading the proposed project to the standards in effect for construction of new buildings, to the extent financially and practically feasible with regard to building/architectural design, site improvements, parking, open space and landscaping. No improvement plan shall be deemed adequate for purposes of processing a tentative map for condominiums until approved by the Community Development Director, or the Director's designated representative, as complying with the requirements of this section. Submittal requirements include, but are not limited to, the following:

A. A site plan showing all existing and proposed structures, including walls and fences, landscaping, site amenities, irrigation systems, driveways, and parking areas, including the information set forth in Section 20.24.030. The site plan shall be consistent with the current California Building Code Section 107.2.5 stating a site plan shall have an accurate boundary.

B. A statement of the current and proposed ownership of the subject property and its current and proposed use.

C. A description of the site including its overall area.

D. The number of existing and proposed dwelling units in the project and including the number of bedrooms in each unit.

E. A copy of the current management program, as well as a proposed management program that includes requirements for oversight of parking assignments, operations standards, structural maintenance, and a schedule for all types of long-term project maintenance needs.

F. The plan shall identify existing facilities and plan improvements to help enhance the quality of the development such as laundry facilities, heating and cooling systems, and on-site storage areas for the use of tenants.

G. A statement of proposed assessments and fees to be charged to owners of dwelling units after conversion to condominiums.

H. An inspection report prepared by a third-party substantiating that the full extent of necessary improvements is included in the submitted improvement plan.

I. A market rate study.

(ORD-23-0051 § 1(Exh. A), 2023)

A. The subdivider shall commission a current structural pest control inspection report prepared by a licensed professional, showing the subject premises to be free of evidence of termite, dry-rot, fungi and/or damage therefrom. Such a report shall be deemed current for a period of not more than ninety (90) days following the date of inspection.

B. The subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be approved by the Community Development Director and the City Attorney prior to final map approval. CC&R's shall contain the following provisions:

1. Creation of a homeowners' association (HOA) to enforce the CC&R's and provide for professional, perpetual maintenance of all common areas including private driveways, drainage, on-site utilities, parking lot areas, walls and fences, lighting, and landscaping.

2. The HOA shall require residents to pay a monthly fee to help offset long-term maintenance costs of the buildings and other improvements. Additional special assessments may be required to pay for major upgrades or repairs beyond HOA revenue generated by monthly dues as a maintenance fund.

C. The subdivider shall provide a one-year minimum condominium warranty to residents.

(ORD-23-0051 § 1(Exh. A), 2023)

A tentative map for the conversion shall be approved if the following findings can be made:

A. The submitted improvement plan has been approved by the Community Development Director and demonstrates that the project will provide safe and energy efficient housing, adequate parking, and typical residential facilities and amenities.

B. The project will provide ownership opportunities for residents consistent with goals of the City's adopted Housing Element.

C. A portion of the project units will be available to home buyers in qualifying affordable income categories consistent with the City's Inclusionary Ordinance.

D. To the extent feasible, the project has been improved to closely comply with the current development standards in this Title and Titles 21/22.

E. Approval of the conversion will not be detrimental to the welfare of future residents of the project, surrounding property owners and residents, and the general public.

F. The vacancy rate for multifamily dwelling units in the City is greater than five percent (5%).

G. Existing tenants were notified of the conversion consistent with the provisions included in Section 20.32.040, provided with the option to purchase a unit consistent with Section 20.32.050, and advised of potential moving expenses or displacement benefits consistent with Section 20.32.060.

(ORD-23-0051 § 1(Exh. A), 2023)

For exceptions, see Article 5 of this chapter.

(ORD-23-0051 § 1(Exh. A), 2023)