Article 1 — Legislative Findings

A large number of apartments and multiple family rental dwellings throughout the State have been and are in the process of being converted to condominiums and community apartment projects. Applications have been made for conversions of apartments to condominiums within the City. It is anticipated that requests for conversions of apartments to condominiums or community apartment projects within the City will increase in the immediate future. Such increase presents a threat to the welfare of the residents of the City in the following aspects:

• (a) If condominium conversions or community apartment projects are allowed in the City without regulation, a substantial decrease in the amount of R-2 and R-3 housing will occur primarily to the detriment of young families and the elderly.

• (b) Because of the different nature of condominiums and apartments, new or different requirements and standards may be required for construction, parking, parcel maps, and notices to tenants, among other things.

• (c) The City seeks to avoid the unique problems that beset condominium conversion projects, and it further seeks to provide and insure a reasonable balance of rental and ownership housing in the City and a variety of individual choices of tenure, type, price, and location of housing and to maintain a supply of rental housing for low and moderate income persons and families.

• (d) It is the intent of the Council of the City, for the purposes of this chapter, to treat condominium and community apartment projects differently from apartments (and similar rental structures) due to the different demands these projects place upon the City and due to the differing purposes, functions, and expectations served by these types of projects.

• (Part 1, Ord. 570, eff. February 22, 1979)

The Planning Commission shall not approve a tentative map for a subdivision to be created for the conversion of residential real property into a condominium project, community apartment, or stock cooperative project, unless the Planning Commission finds all of the following:

• (a) Each of the tenants of the proposed condominium, community apartment, or stock cooperative project has received written notification of intention to convert at least 60 days prior to the filing of a tentative map. There shall be a further finding that each such tenant, and each person applying for the rental of a unit in such residential real property, has, or will have, received all applicable notices of rights required by this chapter.

• (b) Each tenant shall receive 10 days' written notification that an application for a public report will be, or has been, submitted to the Planning Department and that such report will be available upon request. The written notices to tenants required by this subsection shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

• (c) Each of the tenants of the proposed condominium, community apartment, or stock cooperative project has been, or will be, given written notification within 10 days after the approval of a final map for the proposed conversion.

• (d) Each of the tenants of the proposed condominium, community apartment, or stock cooperative project has been, or will be, given 180 days' written notice of intention to convert prior to the termination of tenancy due to the conversion or proposed conversion. The provisions of this chapter shall not alter or abridge the rights or obligations of the parties in the performance of their covenants, including, but not limited to, the provision of services or the payment of rent.

• (e) Each of the tenants of the proposed condominium, community apartment, or stock cooperative project has been, or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days after the issuance of the subdivision public report referred to in subsection (b) of this section.

• (f) This section shall not diminish, limit, or expand, other than as provided in this section, the authority of the Planning Commission or the Council to approve or disapprove condominium projects.

• (§ 1, Ord. 630, eff. July 11, 1985)

• (a) Commencing at a date not less than 60 days prior to the filing of a tentative map pursuant to Title 10 , Chapter 5 (Condominium Conversions), the applicant or his agent shall give notice of such filing, in the form set forth in subsection (b) of this section, to each person applying after such date for the rental of a unit of the subject property immediately prior to the acceptance of any rent or deposit from the prospective tenant by the applicant.

• (b) Such notice shall be given by publication once in a newspaper of general circulation published and circulated within the City.

• (c) Such notice shall also be given by United States mail to each tenant of the subject property and, in addition to notice of the time and place of the public hearing, shall include notification of the tenant's right to appear and to be heard.

• (d) Such notice to tenants shall be given by the Planning Department and shall be deemed satisfied if the notice complies with the legal requirements for service by mail.

• (e) In addition to notice by publication, the City may collect fees from the applicant for the publication and postage expenses incurred under this section.

• (§ 1, Ord. 630, eff. July 11, 1985)

Any report or recommendation on a tentative map by the staff of the Planning Department to the Planning Commission shall be in writing, and a copy thereof shall be served on the applicant and on each tenant of the subject property at least three days prior to any hearing or action on such project. (§ 1, Ord. 630, eff. July 11, 1985)

• (a) Commencing at a date not less than 60 days prior to the filing of a tentative map pursuant to Title 10 , Chapter 5 (Condominium Conversions), the applicant or his or her agent shall give notice of such filing, in the form set forth in subsection (b) of this section, to each person applying after such date for the rental of a unit of the subject property immediately prior to the acceptance of any rent or deposit from the prospective tenant by the applicant.

• (b) The notice shall be as follows:

To the prospective occupant(s) of: ________________________________

The owner(s) of this building, at (address), has filed or plans to file a tentative map with the City of Ojai to convert this building to a (condominium, community apartment, or stock cooperative project). No units may be sold in this building unless the conversion is approved by the City and until a public report is issued by the Department of Real Estate. If you become a tenant of this building, you shall be given notice of each hearing for which notice is required by Title 10 , Chapter 5 (Condominium Conversions), and you have the right to appear and the right to be heard at any such hearing.

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(Signature of owner/owner's agent)

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(Date)

I have received this notice on __________________________________

(Date)

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(Prospective tenant's signature)

• (c) Failure by an applicant or his or her agent to give the notice required by subsection (a) of this section shall not be grounds to deny the conversion. However, if the applicant or his or her agent fails to give notice pursuant to this section, he or she shall pay to each prospective tenant who becomes a tenant, and who was entitled to such notice, and who does not purchase his or her unit pursuant to Section 10-5.102 (Intent to convert), subsection (e) an amount equal to the sum of the following:

  • (1) Actual moving expenses incurred when moving from the subject property but not to exceed $500; and

  • (2) The first month's rent on the tenant's new rental unit, if any, immediately after moving from the subject property but not to exceed $500.

(§ 1, Ord. 630, eff. July 11, 1985, as amended by § 145, Ord. 941, eff. November 10, 2023)

• (a) The applicant shall give notice 60 days prior to the filing of a tentative map pursuant to this chapter in the form set forth in subsection (b) of this section to each tenant of the subject property.

• (b) The notice shall be as follows:

To the occupant(s) of: _____________________________________

The owner(s) of this building, at (address), plans to file a tentative map with the City of Ojai to convert this building to a (condominium, community apartment, or stock cooperative project). You shall be given notice of each hearing for which notice is required pursuant to Chapter 5 of Title 10 of the Ojai Municipal Code, and you have the right to appear and the right to be heard at any such hearing.

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(Signature of owner/owner's agent)

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(Date)

• (c) The written notice to tenants required by this section shall be deemed satisfied if such notice complies with the legal requirements for service by mail.

(§ 1, Ord. 630, eff. July 11, 1985, as amended by § 145, Ord. 941, eff. November 10, 2023)

• (a) Prior to the acceptance of any rent or deposit from a prospective tenant, the following notice shall be provided:

• (b) The notice shall be as follows:

To the prospective occupant(s) of: ______________________________

The owner(s) of this building at (address) has received approval of a tentative map from the City of Ojai to convert this building to a (condominium, community apartment, or stock cooperative project) no sooner than __________ (date). You will be notified at least 180 days prior to the actual conversion. Further, if you still reside in your unit, you will be given an exclusive right to purchase your unit.

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(Signature of owner/owner's agent)

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(Date)

I have received this notice on __________________________________

(Date)

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(Prospective tenant's signature)

(§ 1, Ord. 630, eff. July 11, 1985)

Article 2. Definitions

"Community apartment project" shall mean a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon. For the purposes of this chapter, community apartment projects will be subject to the same restrictions and conditions as condominium projects. (Part 1, Ord. 570, eff. February 22, 1979)

"Condominium" shall mean 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 space in a residential, industrial, or commercial building on such real property, such as a residence, apartment, apartment house, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property. (Part 1, Ord. 570, eff. February 22, 1979)

"Condominium conversion" shall mean the conversion of apartments to condominiums or community apartment projects.

(Part 1, Ord. 570, eff. February 22, 1979)

"Design" shall mean the arrangement of the following:

• (a) Street alignments, grades, and widths;

• (b) Drainage and sanitary facilities and utilities, including alignments and the grades thereof;

• (c) The location and size of all required easements and rights-of-way;

• (d) Fire roads and firebreaks;

• (e) Lot size and configuration;

• (f) Traffic access;

• (g) Grading;

• (h) Land to be dedicated or developed for park or recreational purposes;

• (i) Such other specific requirements as may be necessary or convenient to insure conformity to or the implementation of the Ojai General Plan.

(§ 1, Ord. 630, eff. July 11, 1985, as amended by § 146, Ord. 941, eff. November 10, 2023)

• (a) "Improvement" shall mean and refer to such street work and utilities to be installed, or agreed to be installed, by the applicant on the land to be used for public or private streets, highways, ways, and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof.

• (b) "Improvement" shall also mean and refer to such other specific improvements or types of improvements, the installation of which, either by the applicant, by public agencies, by private utilities, by any other entity approved by the City, or by a combination thereof, is necessary or convenient to insure conformity to or the implementation of the Ojai General Plan.

• (§ 1, Ord. 630, eff. July 11, 1985)

"Tentative map" shall mean and refer to a map made for the purpose of showing the design and improvement of a proposed condominium, community apartment, or stock cooperative project, and the existing conditions in and around it, and need not be based upon an accurate or detailed final survey of the property. (§ 1, Ord. 630, eff. July 11, 1985)