Article 3 — General Provisions

All condominium conversion projects shall be subject to all applicable provisions of the Subdivision Map Act (California Government Code Title 7, Division 2), Title 9 (Building Regulations), and Title 10, Chapter 3 (Subdivision Regulations).

(Part 1, Ord. 570, eff. February 22, 1979, as amended by § 147, Ord. 941, eff. November 10, 2023)

In addition to such other applications as the Planning Commission considers necessary and those requirements set forth in Section 10-5.301 (R-P-D, tract map, and Building Code requirements) of this article, no application for a condominium conversion project shall be accepted for any purpose, unless the application includes all of those matters adopted and required from time to time by resolution of the Council.

(Part 1, Ord. 570, eff. February 22, 1979, as amended by § 148, Ord. 941, eff. November 10, 2023)

See Sections 10-5.102 (Intent to convert), 10-5.103 (Public hearings: Notices), 10-5.104 (Filing staff reports), 10-5.105 (Notices of proposed conversions to prospective tenants), 10-5.106 (Notices of proposed conversions to occupants), and 10-5.107 (Required notice of conversions). (Part 1, Ord. 570, eff. February 22, 1979, as amended by § 1, Ord. 630, eff. July 11, 1985, and § 149, Ord. 941, eff. November 10, 2023)

In addition to the other requirements required by this article, the zoning provisions, and the Subdivision Map Act, the Planning Commission shall make the following affirmative findings prior to the approval of any condominium conversion project:

• (a) That the proposed condominium conversion project will not, either of itself, or when considered in conjunction with the trend toward condominium conversions in the community, result in:

  • (1) A major displacement of tenants;

  • (2) A scarcity of rental units which would preclude the reasonable mobility of tenants and tend to increase rental costs; or

  • (3) The diminishment of Master Plan concepts and objectives which encourage open occupancy and promote low and moderate income housing; and

• (b) That a survey by an independent and competent firm reveals that 50% or more of the existing apartment tenants have not protested in writing to the City regarding the proposed conversion.

(Part 1, Ord. 570, eff. February 22, 1979, as amended by § 1, Ord. 630, eff. July 11, 1985)

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City of Ojai, CA § 10-5.305

OJAI CODE

§ 10-5.305

Unless specifically waived by the Planning Commission, the permit for the condominium conversion project shall be subject to all of the following conditions, which conditions shall be in addition to such other conditions considered necessary by the Planning Commission to carry out the purposes and requirements of this article:

• (a) The condominium conversion project, and all individual units and common areas contained therein, shall comply with all the existing zoning and subdivision requirements, regardless of any previously approved variance therefrom; provided, however, when minor variations from Code requirements exist with respect to the conversion of an existing structure to a condominium, and full compliance with the Code requirements presents practical difficulties or will result in extreme hardship, the Planning Commission may waive the literal compliance as to such minor variations and may approve the project upon finding that it generally conforms with the spirit and purpose of the provisions of this article and other Code requirements.

• (b) The consumption of gas, electricity, and water within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility. A shutoff valve for each utility shall be provided for each unit. The requirements of this subsection may be waived where the Building Official finds that such would not be practicable.

• (c) All permanent mechanical equipment, including domestic appliances, which is determined by the Building Official to be a potential source of vibration or noise, shall be shock mounted, isolated from the floor and ceiling, or otherwise installed in a manner approved by the Building Official to lessen the transmission of vibration and noise.

• (d) The electrical, plumbing, mechanical, fire, and life safety systems of the structures either are, or shall be placed, in a condition of good repair and maintenance, including such alterations or repairs as are required by the Building Official.

• (e) Separate laundry facilities of sufficient size to allow for the installation of a clothes washer and dryer shall be provided for each condominium unit; if provided in the garage, they shall not encroach into the required parking area.

• (f) Each condominium unit shall be provided with a separate two car (double) garage or carport or with two adjoining single car garages or carports, and one parking space per unit shall be provided for guest parking. Provisions shall be made for the restriction of parking in no parking zones.

• (g) Each dwelling unit shall have a separate hot water heater, unless there is one central circulating water heating system serving all dwelling units on the property, and such system shall provide sufficient capacity to serve all dwelling units.

• (h) All on-site and adjacent overhead utility service lines and poles shall be converted to an underground system.

• (i) At least 50 square feet of developed common recreation space, exclusive of setbacks and parking areas, shall be provided per unit, but in no event less than 1,000 square feet for the total condominium conversion project.

• (j) All garbage disposals, dishwashers, water heaters, ranges, ovens, and air-conditioners determined by the Building Official to have less than two years useful remaining life shall

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City of Ojai, CA

PLANNING AND ZONING

§ 10-5.305

§ 10-5.306

be replaced.

• (k) All dwelling units shall comply with the current requirements for energy conservation, sound transmission control, and fire detection systems.

• (l) All walls shall meet the construction and soundproofing requirements established by the City.

• (m) A report on the physical condition of the planned conversion and estimated owner payments per unit for capital improvements, repairs, and maintenance for both the common area and the individual units shall be given by the applicant to potential purchasers. The report shall be based on a structural analysis which describes the condition of the following major physical elements of the project: foundations, walls and roofs, mechanical equipment, recreation facilities, parking facilities, and any appliance.

  • (1) The report shall estimate, to the best knowledge of the applicant, the approximate date when each element will require replacement. In addition, the applicant's report shall estimate the ongoing maintenance and repair costs to the buyer of the common area, the cost of utility payments which will be billed to the buyer as an individual, and other costs necessary for normal occupancy.

  • (2) Such report requirement is expressly intended to realistically apprise a potential buyer of the costs he may reasonably anticipate with respect to the purchase and maintenance of a unit in a community ownership project.

• (n) (See subsection (e) of Section 10-5.102 of Article 1 of this chapter.)

• (o) (Reserved)

• (p) A structural pest report shall be completed, and a copy of such report shall be provided to the City.

• (q) A maintenance plan shall be provided which includes a statement regarding the long term management of common property, a declaration of the proposed covenants, conditions, and restrictions, and the proposed legal documents and financial arrangements of the management association.

• (r) The applicant shall provide a one-year warranty on any community held appliances, including, but not limited to, laundry machines, and a five year warranty against structural deficiencies of the buildings and other property, including, but not limited to, commonly owned recreation rooms and swimming pools.

(Part 1, Ord. 570, eff. February 22, 1979, as amended by § 1, Ord. 630, eff. July 11, 1985)

An applicant or other person aggrieved by any action of the Planning Commission under this chapter may appeal such action to the Council by filing a notice of appeal with the City Clerk within 10 days after the date of the decision of the Planning Commission. Such appeal, except where inconsistent with the provisions of this section, shall be controlled by the provisions of Section 10-2.3002 (Appeals), subsection (d)(5).

(§ 1, Ord. 630, eff. July 11, 1985, as amended by § 19, Ord. 708, eff. April 27, 1995, and § 150, Ord. 941, eff. November 10, 2023)

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City of Ojai, CA