Manteca Municipal Code Ch. 15.32 Condominium Conversions

The purpose of this chapter is to protect the public health, safety and welfare by regulating and establishing criteria for conversion of multiple-family rental housing or condominiums, community apartments or stock cooperatives. The chapter is also intended to:

A. Implement the housing element of the Manteca general plan by providing a complete range of housing opportunities for all economic segments of the population; and providing that balance in neighborhoods whereby housing supplies do differ;

B. Reduce and avoid the impact of such conversions on long-term residents, senior citizens, and families with school-age children who, in some instances, may be required to relocate during a condominium conversion process, by providing an appropriate notification procedure for such relocation;

C. Assure that purchasers of converted housing have been properly informed as to physical condition of a housing unit being offered for purchase;

D. Insure that converted housing achieves a high degree of appearance, quality and safety within the community, and is consistent with overall housing goals of Manteca;

E. Insure a reasonable balance of rental and ownership housing in Manteca and a variety of individual choices of tenure, type, price and location of housing;

F. Maintain the supply of rental housing for low and moderate income persons and families.

(Prior code § 7B-1)

For purposes of this chapter the following definitions shall apply:

"Apartment"

means a room or group of rooms in a building rented or leased to a tenant and constituting five or more dwelling units. For the purpose of this definition, "building" means one or more buildings on one or more contiguous lots or parcels under common ownership, and the total contiguous number of dwelling units in all of such buildings shall be used to determine the number of dwelling units subject to the requirements of this chapter.

"Community apartment project"

means a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

"Condominium"

means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in a space in a residential building on such real property, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property.

"Condominium project"

means the division of real property to create five or more condominiums.

"Conversion"

means a change in the type of ownership of a parcel or parcels of land, together with the existing attached structures to that defined as a community housing or apartment project; all regardless of the present or prior use of such land and structures, and whether substantial improvements have been made to such structures. Conversion shall not include a structure for which a condominium plan has been recorded in accordance with the appropriate provisions of the Civil Code.

"Fixed income"

means any person or family that is limited to a fixed income level through a disability, handicap, retirement, or some other means which restricts a person(s) from gainful employment.

"Stock cooperative"

means a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in portion of the real property, title to which is held by the corporation, which right to occupancy is transferable only concurrently with the transfer of share or shares of stock in the corporation held by the person having such right of occupancy.

(Prior code §7B-2)

Prior to filing a final map or parcel map for a conversion, the subdivider shall have notified all tenants of the building to be converted, individually and in writing, all in accord with Government Code Section(s) 66427.1 et seq., or, as amended, which specifically states the following:

A. Tenant notification shall have taken place at least sixty days prior to filing of the tentative map or parcel map;

B. All tenants shall be given one hundred and eighty days written notice of intention to convert prior to termination of tenancy due to the conversion proposal; and

C. Each tenant shall be given an exclusive right of unit purchase pursuant to the same or more favorable terms and conditions offered to the general public, such purchase right to run for a period of not less than ninety days from the issuance date of the subdivision public report.

(Prior code §7B-3)

A report on the physical elements of all structures and facilities shall be submitted with the tentative subdivision or parcel map, and conditional use permit application (See Section 15.32.050). The report shall be prepared by a licensed California architect or registered civil or structural engineer. It shall detail the condition and estimate the useful life of all elements of the existing buildings and other structures involved in the project including, but not limited to, the following:

A. The structural condition of roofs, foundations, exterior and interior paint, floor coverings, built-in appliances, mechanical, electrical, plumbing, fire protection, and heating and air conditioning systems; also, swimming pools, parking lots, driveways, walks and other paved areas;

B. The physical elements plan shall also include costs and a schedule for replacement of any elements which so not meet current city standards or have useful life of less than five years;

C. A project site unit development plan shall be included which depicts exterior boundaries and dimensions of the site; adjacent street names and location; typical building evaluations of residential and other structures; paved area, landscaped areas, open spaces, walls or fences, and recreational facilities; and utilities, exterior lighting, directional signs and other common facilities;

D. A structural pest report from an approved licensed operator on each structure and unit;

E. A building history report which includes the date of all project construction elements; a statement describing the project use or uses since construction; and a date and description of each structural repair or renovation requiring an expenditure of one thousand dollars or more;

F. A statement regarding the current ownership of all improvements and underlying property.

(Prior code §7B-4)

No condominium conversion project shall be permitted until a conditional use permit has been applied for and approved by the planning commission and city council pursuant to the zoning ordinance. Additionally, the following use permit application requirements shall be administered:

A. The physical facilities element report shall remain on file with the planning department for review by any interested person prior to transmittal to the planning commission;

B. A copy of the proposed covenants, conditions, and restrictions to be applied to the project and home-owner association by-laws shall be on file;

C. A report on existing tenancy in the rental apartment units to be converted which includes tenant name and address; size and rental rate of each unit as well as number of units occupied under any federal or state assistance program (Section 8, etc.) shall be submitted;

D. The number of families, by category, who occupy units on a fixed income, have full-time college students or children, or handicapped individuals (as further defined in government Code Section 22511.5) residing in the home shall be shown.

(Prior code §7B-5)

To achieve the purpose of this chapter, the planning commission shall not approve a conditional use permit pursuant to Section 15.32.050 which does not comply with the following physical standards, unless the standards cannot be reasonably complied with by the applicant and the planning commission has waived or modified the standards:

A. The project shall conform to the applicable and adopted building and fire related codes and standards found in Chapters 15.04 and 15.24, respectively of this code. Exception may be made if discrepancies are specifically listed together with mitigation measures satisfactory to the Manteca building inspection department.

B. Each living unit shall be provided with approved smoke detectors conforming to the latest Uniform Building Code standards.

C. All drainage shall be provided to city standards and approved by the city engineer.

D. Sound transmission shall meet standards established in Article 4 of Title 25, California Administrative Code. The developer shall provide a detailed report prepared by certified acoustical experts stating the existing conditions and whether each unit meets current sound transmission standards.

E. Separate meters for gas and electricity shall be provided for each unit.

F. City water and sanitary sewers shall be provided to the property of each project and individual shut-off valves and necessary on-site water lines under private ownership shall be provided. The project shall be responsible for payment for sewer and water charges to the city.

G. Exterior and interior construction shall be refurbished to high degree of quality and safety.

H. Declarations of covenants, conditions and restrictions shall include a statement requiring each individual owner and the owner's association to comply with all building, fire, and safety codes enforced by the city building and fire department.

I. A one-year unconditional consumer or buyer protection warranty guaranteeing the repair or replacement of structural deficiencies and all fixed appliances.

J. All improvements identified and determined as necessary in the engineering report shall be replaced or repaired within two years prior to sale of any unit.

K. A sinking fund shall be established by the developer to cover all projected maintenance, utilities or replacements projected for the first year. This sinking fund shall be renewed annually in the Homeowners Association budget under such requirements as specified in the Homeowners Association documents.

(Prior code §7B-6)

A. Streets and drives shall be kept in a maintained condition with an equivalent of two-inch type a.c. paving over compacted native soil.

B. Minimum clear height and width of interior streets and drives shall be as required by the U.F.C.

C. Minimum curb radii shall meet the requirements of the fire department.

D. Streets shall be identified as private streets and drives and posted for no parking when necessary.

E. Dead-end streets shall provide turn-around space as required by the fire chief and city engineer.

(Prior code §7B-7)

A. Parking lots shall be paved with an equivalent of two inches type a.c. paving over compacted native soil.

B. Parking shall be provided at a minimum of one and one-half spaces per unit.

C. Parking spaces and maneuvering area shall be designed in accordance with city regulations.

(Prior code §7B-8)

A. Screened garbage and rubbish collection facilities shall be provided sufficient to serve all units and located for convenience to users and the city refuse vehicles.

B. Pedestrian pathways shall interconnect parking areas to individual units.

C. Lighting shall be provided in accordance with city codes.

D. Sewer collection system as designed or redesigned shall be in accordance with city codes.

E. Landscaping and recreation facilities, including private patios, shall be provided at a minimum of thirty percent of total project lot coverage.

F. A laundry area shall be provided for each unit; or if common laundry facilities are provided, such facilities shall consist of an adequate number of automatic washers and dryers.

G. Unit numbers and/or master directories shall be provided in accordance with city house-numbering requirements.

(Prior code §7B-9)

The planning commission shall hold a public hearing to review all conditional use permit applications for conversions pursuant to this chapter. As well, the city council shall hold a subsequent public hearing on all conversion applications approved by the planning commission, and all denied applications appealed to the city council. Notice of the hearings shall be provided by the city pursuant to Section 26.500 of the zoning ordinance and to all tenants of the project at least ten days prior to the public hearing date.

(Prior code §7B-10)

The planning commission or the city council shall not approve any application for conversion of units unless the planning commission and city council find that:

A. The conditional use permit application is complete and all provisions of this chapter are met.

B. The project is not detrimental to the health, safety or general welfare of the community.

C. The project is consistent with the general plan housing element.

D. Any special fee and bond requirements pursuant to this chapter are paid for and furnished to the city of Manteca respectively.

E. Overall design and physical condition of the condominium conversion project shall achieve a high degree of appearance, safety, and quality.

F. A minimum of twelve units is being considered for conversion.

G. The rental vacancy rate has been evaluated as well as the need for available residential ownership.

H. Converted units have been compared with the annual number of apartment units constructed.

I. Conversion shall not adversely affect the supply of adequate low-moderate income housing.

J. Any opposition by project tenants to the conversion proposal has been given fair consideration.

K. A relocation program will not force the displacement of families with children, at home; senior tenants on fixed income; handicapped tenants; full-time students; or other similar described family groups; but, provide for an optional lifelong rental lease program, whereby, rental rates can only be adjusted in accord with annual changes in the consumer price index.

L. Only at the developer's discretion can a tenant's rental rights to be protected after the issuance of the sixty-day notice to file a tentative map, if the rental rate agreement was consummated after the notice. This would apply to rent increases, purchase priority, and relocation benefits that do not exceed state law.

M. Each nonpurchasing tent, not in default under the obligations of the unit occupancy rental agreement or lease, shall be given one hundred eighty days written notice of intention to convert, by the developer, prior to termination of tenancy to locate suitable replacement housing.

N. Diverse forms of finance acquisition for unit purchase shall be made available.

O. The covenant, conditions, and restrictions are reviewed by the city attorney, and approved by the city council.

P. Relocation payment to displaced tenants shall be provided at a rate of not less than one month's rental reimbursement; only, if such tenant(s) rental rate history is in good standing at time of sixty-day notice and tenant is still renting when final subdivision map is filed. A displaced tenant is one who is given a notice to vacate his or her unit due to the conversion program.

(Prior code §7B-11)

The planning commission or city council may impose any additional requirements necessary to protect the public health, safety or welfare, and the owner and applicant shall comply with all such conditions imposed.

(Prior code §7B-12)

Following conditional use permit action by the planning commission, a report on the project conversion shall be transmitted to the city council in writing by the community development director.

(Prior code §7B-13)

The city council by resolution shall establish fees for processing applications for conversion.

(Prior code §7B-14)

The requirements of this chapter may be modified by the planning commission or the city council when the following findings can be made based on evidence presented at the hearing:

A. There are exceptional or extraordinary circumstances or conditions applicable to the property; or

B. The unique nature of the particular project requires design innovations or carry out the intent of this chapter; and

C. The city determines in its sole discretion, that the benefits to the community from the conversion out-weigh the detriments; and

D. The granting of the modification will not be detrimental to the public health, welfare or safety or be injurious to other property in the surrounding area.

(Prior code §7B-15)