Chapter 16.84 — CONDOMINIUM CONVERSIONS

Article 1. - General Provisions

The intent and purpose of this chapter is to safeguard life and public health and welfare by establishing procedures and standards for condominium conversions in order to provide for a balance of housing types and tenures, housing opportunities for all economic segments of the population throughout the community, and the orderly conversion of rental housing and nonresidential structures consistent with the objectives herein, and to implement applicable general and specific plan objectives and policies. (CCCC§ 926-2.202)

The objectives of this chapter's regulations are to: A. Establish uniform requirements and procedures for the review of proposed condominium conversions; B. Establish criteria for condominium conversions by requiring conformance with city code regulations and other development standards herein established;

C. Mitigate the effect of conversions on existing tenants by requiring adequate notice of conversion, as well as adequate time and assistance to relocate, as necessary; D. Require provision of adequate information to the potential buyer concerning the physical condition of the unit, including but not limited to structural integrity and sound-transmission characteristics of the unit; E. Preserve the city's low and/or moderate income rental housing stock to the greatest feasible extent and provide for a reasonable balance of ownership and rental housing; F. Provide a variety of safe, well-designed housing types at reasonable cost, convenient to areas of employment, service and transportation; and G. Provide for the orderly conversion of nonresidential structures. (CCCC§ 926-2.204)

Reference to state statutes herein includes future amendments thereto. (CCCC§ 926-2.206)

Notwithstanding the provisions of this chapter, no exceptions from the requirements of this chapter may be granted other than exceptions authorized by Section 16.84.060. (CCCC§ 926-22.202)

Unless otherwise specially provided or required by the context, the following terms have the indicated meanings in this chapter. "Common areas" means the entire project except all unit herein granted or reserved. "Community vacancy rate" means the vacancy rate determined by the Community Development Director using data obtained from the most recently available postal vacancy survey, the state of California Department of Finance Special Census, and/or from other applicable and reliable sources. "Condominium" means a condominium as defined in Civil Code Section 783.

"Condominium documents" are the covenants, conditions and restrictions, the description of the project elements, and any other documents establish a plan for condominium ownership. "Conversion" is a change in the type of ownership of a parcel or parcels of real property, together with the existing attached structures, to that defined as a condominium project (Civil Code Section 1350), stock cooperative (Business and Professions Code Section 11004), or time-share project, regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structures. "Covenants, conditions and restrictions" is a written declaration relating to the maintenance, operation, duties and responsibilities of the common owners of the project and may include, but is not limited to, those restrictions provided for in Civil Code Section 1355. "Handicapped tenant" means a tenant with a physical disadvantage or developmental disability, which is documented and medically verifiable, that renders success in finding comparable housing significantly more difficult. "Homeowners association" is an organization composed of persons who own condominium unit(s) and who are organized to operate and maintain common areas and facilities for condominiums. "Lower income household" means a household with a gross income which is at or below eighty percent of the current median income for the San Francisco-Oakland Standard Metropolitan Area as adjusted for family size, and estimated by the U.S. Department of Housing and Urban Development for its Community Development Program. "Low and moderate income rental housing stock" means those rental dwelling units in buildings being proposed for conversion, the rental, utility and fuel costs for which at the time of filing the application, does not exceed the current Section 8 fair market rent guidelines issued by the Federal Department of Housing and Urban Development. "Project" means the entire parcel of real property divided, or to be divided into condominiums, including all structures hereon. "Tenant" means a person or persons in actual possession entitled under a lease, rental agreement or other agreement with the owner, or his, or her agent, to occupy a dwelling unit to the exclusion of others. "Unit" means the elements of a condominium which are not owned in common with the owners of other condominiums in the project. (CCCC§§ 926-4.202 — 926-4.228)

A. General. The physical conversion standards in this chapter are the minimum necessary to insure that the chapter's purpose and objectives are accomplished. Conversions shall comply with these standards. B.

Storage space: provision of fifty (50) cubic feet of protected storage space in addition to closet space normal to all residential units. C. Private open space: provision of a minimum seventy-five (75) square feet of private open space for each unit. D. Laundry facilities: provision of laundry facilities in each residential unit. E. City Regulation Conformance. Existing and proposed conversion project improvements and structures shall comply with regulations of the city code and other applicable ordinances including zoning and requirements for "products of combustion" detection devices and systems. F. Fire Walls. Fire walls in common attic spaces, fire resistant finishes on common walls, and boxed electrical outlets, switches, etc. on common walls shall be provided. G. Physical Elements Report Deficiencies. Any deficiencies cited in structural, foundation, mechanical, termite, plumbing, and roof inspection reports portion of the physical elements report shall be corrected in a manner which satisfies the Community Development Department. H. Building Inspection Report Violations. Any violations cited in the building inspection report by the Building Inspection Department shall be corrected in a manner which satisfies the Building Inspection Department. I. Utility Meters. Public utilities shall be independently metered to each unit. (CCCC§§ 926-6.202 — 926-6.218)