16.100 Condominium Conversions

The purpose of this chapter is to outline the procedures for the conversion of existing residential dwelling units to condominium units in compliance with the subdivision map act and the following housing element policies of the general plan:

• A. Promote opportunities for home ownership for all income groups, including lower income renters and newly formed households; and

B. Allow condominium conversions in circumstances that would increase ownership opportunities for middleincome people when the developer, lit the request of a tenant, finds comparable rental housing within the city before displacing the existing tenants.

(Ord. 182 § 2 (part). 1997)

The conversion of existing residential dwelling units to condominium units is only allowed when the conversion meets the following requirements:

• A. Zoning Provisions. The applicable zoning district provisions;

• B. Development Code Provisions/Standards. The provisions of this chapter and the standards identified in

• Section 16.44.060 (Condominium Conversion Standards):

• C. State Codes. All current local and State Structural, Safety. and Utility Codes:

• D. Design Review. Design review standards and guidelines, if exterior modifications are required;

• E. Relocation Plans. Notice and relocation assistance plans approved by the commission during a public hearing;

• F. Pest Report. A structural pest report, prepared by a licensed operator; and

G. Finding. A finding that specifies that the conversion does not significantly reduce rental units available in the price range below the median price range of apartments in the city or does not significantly reduce units which provide accommodations to disabled or transient persons.

• (Ord. 182 § 2 (part), 1997)

The conversion of residential structures that cannot meet the requirements of Section 16.100.020 (Compliance with Requirements), above may be allowed by the commission only if all of the following findings of fact can be made in a positive manner:

• A. The structure was constructed before the effective date of this chapter;

B. The building official has certified that there are no violations of codes or statutes applicable to the structures involved in the conversion. Codes or statutes shall be applicable if they were in effect at the time of construction or alteration of structures involved or are, in the opinion of the building official, health and safety provisions applicable to existing structures;

C. The subdivider has submitted a plan showing all feasible means for making structures, grounds and utilities conform to current codes and statutes and agrees, in writing, supported by a performance bond, to be submitted before recordation, to implement the plan as a condition of approval. The plan shall include a report from a registered

engineer detailing the present condition of the structure(s) and the expected useful life of all common structural and mechanical components of the conversion. The plan shall also include the structural pest report of a licensed operator; D. The subdivider has (or would before the issuance of an occupancy permit) provided sufficient amenities to persons purchasing the converted property. The commission may consider, in making this determination, the level of sound attenuation of structures, the probable life of structures, the availability of on- and off-site parking and open space, the availability of storage and other facilities, laundry space and the condition of the utilities;

E. The subdivider has submitted a plan for tenant relocation assistance. The plan shall include a program for paying moving expenses and deposits as well as assisting tenants in obtaining new housing if they are unable to purchase a unit in the project. The plan shall give particular attention to the needs of elderly, disabled, households with minor children, and households of low- and moderate-income. The plan may include assistance (e.g., extended or lifetime leases) and purchase assistance (e.g.. tenant discounts), and special loan programs. Assistance to tenants of low- and moderate-income may include subsidized rents in other structures and assistance in qualitYing for government housing programs (e.g., Section 8). The commission shall not accept the tenant relocation assistance program unless the subdivider has demonstrated. to the satisfaction of the commission. that all tenants can obtain affordable housing either through purchase of a unit, available rentals in the vicinity. or an extended lease program;

F. Notice and relocation assistance requirements shall be satisfied by the subdivider;

G. The subdivider would submit lease forms and a final tenant assistance plan. including all conditions attached to the conversion and tentative map approval, before approval of the final map. A copy of the plan shall be given to each tenant household before the final map is approved; and

H. The subdivider has submitted a plan describing the proposed energy saving improvements that shall be installed before the issuance of an occupancy permit. The plan shall include the insulation of ceilings, ducts, exterior walls, floors and water heaters, and the installation of energy saving appliances, solar heated pools, and pool covers. (Ord. 182 § 2 (part), 1997)

An application for a conversion of existing residential dwelling units to condominium units shall contain the following information to the satisfaction of the director:

A. Verification. A verification that the conversion satisfies the requirements of Section 16.100.020 (Compliance With Requirements) or is capable of satisfying the requirements of Section 16.100.030 (Other Conversions):

B. Supporting Documents. Documents factually supporting the verification not already on file with the city and a list of documents on file with the city which support the verification;

C. Rental Schedule. A rental schedule of units over the last three years including the vacancy factor;

D. Tenant Information. Names and addresses of current tenants, length of tenancy, number and ages of occupants, size of unit, income of tenants by category (below eighty (80) percent; between eighty (80) percent and one hundred twenty (120) percent: and above one hundred twenty (120) percent of median income in the Riverside/San Bernardino standard metropolitan statistical area) and whether disabled or not, on a form acceptable to the director. To ensure privacy of tenants, the names and addresses shall be separate from other data with numerical cross referencing:

E. C, C, & R's. A copy of the proposed C, C, & R's. proposed homeowners' association fees, proposed sales price range of units, and comparative analysis of rental costs for prior years to costs of purchase and fees;

F. Parking. Where current parking requirements are not met, the number of vehicles owned by all tenants; and

G. Other Information. Other information requested by the director which is needed to determine whether the project is consistent with the requirements of this chapter.

(Ord. 182 § 2 (part), 1997)

A. Tenant Notification. Before submitting an application fora condominium conversion the subdivider shall notify all tenants of the intent to convert to a condominium and provide each tenant with a copy of the pro-posed tenant relocation assistance plan. Tenant's rent shall not be increased from the date of this notice until six months following the approval of the final map, or the tenant purchases a unit or relocates to other accommodations, whichever first occurs;

B. Application. An application for a condominium conversion shall be on a form prescribed by the director and shall be filed with the department in compliance with Chapter 16.48 (Application Filing, Processing, and Fees); C. City Review. The applicable city departments shall review the application to determine conformity with this chapter and report their findings to the director;

D. Notice of Hearing. The application shall be scheduled for a public hearing in compliance with Section

16.100.060 (Relocation), below, and all tenants shall be given notice by mail thirty (30) days before the hearing; and

E. Council's Action. Conversions shall be approved or disapproved by the council during a hearing held within a reasonable period of time after all city departments report to the director and the building official has filed the certification in compliance with Section 16.100.030.B., above.

(Ord. 182 § 2 (part), 1997)

A subdivider proposing to convert structures in compliance with this chapter shall first:

A. One Hundred Twenty- (120-) day Notice. Give written notice of intention to convert to tenants one hundred twenty (120) days before they are required to relocate;

B. Right of First Refusal. Offer all tenants not in arrears of rental or leasehold payments, a nontransferable right of first refusal to purchase their unit for ninety (90) days duration after receipt of a public report from the real estate commission;

C. Notify Tenants. Notify all tenants occupying units subsequent to the notices given in compliance with subsection A., above of the intent to convert, or the approval to convert, before the tenant consents to a lease or rental agreement; and

D. Apartment Availability. Provide tenants not wishing to purchase with information on available apartments of comparable size, price, and location within the city.

(Ord. 182 § 2 (part), 1997)

All approvals shall expire and become void if a final subdivision map is not filed within two years after tentative map approval, unless an extension of time is approved in compliance with Section 16.94.100 (Extensions). (Ord. 182 § 2 (part), 1997)

The subdivider shall pay all costs of inspections and engineering reports prepared by appropriate city departments. (Ord. 182 § 2 (part), 1997)

Converted units shall not be occupied until an occupancy permit has been issued by the building official, in compliance with this chapter, and the uniform building code.

(Ord. 182 § 2 (part), 1997)

Each calendar quarter following approval of the final map for a period of two years, the subdivider shall provide the following information to the department:

• A. Tenant Information. Name, address, phone number, and current fees for the homeowners' association; and

B. Status Report. Status report on all units including sales price, financing available, number of units occupied by previous tenants, either as renters or buyers, number of units which are owner occupied, number of units which were purchased with intent to be used as rentals, number of occupants previously residing in the city, number of buyers who were formerly renters, and new addresses of tenants who do not remain in the project.

(Ord. 182 § 2 (part), 1997)