Division 4 — COMMUNITY HOUSING CONVERSIONS

(A) The intent and purpose of this section is to regulate the conversion of existing, occupied apartment housing into condominiums, townhouse condominiums, residential stock cooperatives, or community apartments.

(B) The city finds that such ownership patterns may have substantial effects and that regulation is necessary to implement the policies set forth in the housing element of the general plan to provide adequate housing opportunities for all economic segments of the community, to mitigate adverse impacts upon schools and other public facilities, to provide for reasonable notice to displaced tenants and to provide for adequate maintenance of private residential properties to insure safety and maximize the quality of the city's living environments. (`64 Code, Sec. 34-220) (Ord. No. 1805)

No existing residential apartment unit shall be converted for sale, transfer, or conveyance as a condominium, townhouse condominium, stock cooperative, or community apartment, collectively referred to in this article as a community housing project, without a special use permit pursuant to sections 16-530 to 16-553, and where applicable, an approved subdivision map.

(`64 Code, Sec. 34-221) (Ord. No. 1805)

An application for conversion of an apartment shall include a tentative subdivision map if required by State law, a development plan consisting of all materials normally required for a special use permit, and the following information in a form established by the director:

(A) A report on the physical elements of all structures and facilities, detailing the structural condition of all elements of the property including foundations, electrical, plumbing, utilities, walls, ceilings, windows, recreational facilities, sound transmission of each building, mechanical equipment, parking facilities, and appliances. Regarding each such element, the report shall state, to the best knowledge or estimate of the applicant, when such element was built; the condition of each element; when such element was replaced; the approximate date upon which such element will require replacement; the cost of replacing such element; and any variation of the physical condition of such element from the city’s current building and zoning ordinances and those that were in effect on the date that the last building permit was issued for the subject structure. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures.

(B) A report from a licensed structural pest control operator, approved by the city, on each structure and each unit within the structure.

(C) A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve good appearance and safety.

(D) Any declaration of covenants, conditions and restrictions and/or organizational documents which would apply to any owners of the units within the community housing project. The declaration or organizational documents shall include, but not be limited to, procedures or requirements for conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping; an estimate of any initial assessment fees anticipated for such maintenance of all vehicular access areas within the project; and an assignment of appropriate responsibilities for maintenance of all utility lines and services for each unit.

• (E) Specific information concerning the characteristics of the project, including but not limited to the following:

• (1) Square footage and number of rooms in each unit;

• (2) Names and addresses of all tenants.

• (F) Proof of service to each tenant of the notice to convert as specified in section 16-387.

• (G) Any other information which, in the opinion of the director, will assist in determining whether the proposed project will be consistent with the purposes of this article.

(`64 Code, Sec. 34-222) (Ord. No. 1805)

Before a filing shall be deemed complete, the physical elements report and other documents shall be in a form sufficient to allow review of the application for a special use permit and tentative subdivision map. (`64 Code, Sec. 34-223) (Ord. No. 1805)

Prior to the execution of any agreement to purchase a unit, stock, or an exclusive right to lease in the community housing project, the developer shall provide each purchaser with a copy of all reports in sufficient time to review such reports. Copies of the reports shall be made available at all times at the sales office. (`64 Code, Sec. 34-224) (Ord. No. 1805)

The commission shall hold a noticed public hearing concerning the application for both the tentative subdivision map and special use permit. In addition to the notice requirements of section 16-580, a ten-day notice shall be given by mail to the present tenants of the building proposed for conversion.

(`64 Code, Sec. 34-225) (Ord. No. 1805)

(A) To achieve the purpose of this article, the commission shall require that all conversions conform to the requirements of the code in effect at the time of tentative subdivision map approval, except as otherwise provided herein.

(B) No apartment building which is a nonconforming use or a nonconforming structure because of parking, setback, height, interior yard space and other zoning ordinance standards, shall be eligible for conversion.

(C) All provisions of the code must be met and any nonconformity corrected prior to the approval of the final map, unless adequate security is provided, as approved by the finance director, to assure completion of such corrective work prior to the close of escrow of any unit in the community housing project.

(D) The commission shall require conformance with the standards of this section in approving the special use permit.

(1) Building regulations - Except as herein provided, the conversion project shall conform to all city ordinances, including the city building code, plumbing code, mechanical code and electric code in effect on the date that the last building permit was issued for the subject structure or structures before the application was filed.

• (2) Fire prevention -

(a) Smoke detectors - Each living unit shall be provided with approved detectors of the products of combustion other than heat, conforming to the latest Uniform Building Code standards, mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes.

(b) Maintenance of fire protection systems - All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protective appliances shall be maintained in an operable condition at all times.

(c) Maintenance of emergency vehicle access/fire lanes - All emergency vehicle access and established fire lanes shall be maintained.

• (3) Sound transmission -

(a) Shock mounting of mechanical equipment. All permanent mechanical equipment, such as motors, compressors, pumps and compactors, which are determined by the building official to be a source of structural vibration or structure-borne noise shall be shock-mounted with inertia blocks or bases and/or vibration insulators in a manner approved by the building official.

(b) Noise standards - The structure shall conform to all interior and exterior sound transmission standards of Chapter 35 (Appendix) of the Uniform Building Code.

(4) Utility metering - Each dwelling unit shall be separately metered for gas, water and electricity.

(5) Landscape maintenance - All landscaping shall be restored as necessary and maintained to achieve a good appearance and high quality.

(6) Condition of equipment and appliances - The developer shall provide written certification and 90 day warranty to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks and air conditioners that are provided are in operable working condition as of the close of escrow. At such time as the homeowners' association takes over management of the development, the developer shall provide written certification and a 90-day warranty to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association is in operable working condition.

(7) Refurbishing and restoration - All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas and additional elements as required by the commission shall be refurbished and restored as necessary to achieve a good appearance, high quality and high degree of safety.

(8) Advisory physical standards - In addition to the above, the proposed community housing project shall meet any mandatory development standards and shall substantially conform to any advisory standards for the construction of new community housing projects, which standards have been adopted by the city council and are in effect at the time of the application for conversion is deemed complete.

(`64 Code, Sec. 34-226) (Ord. No. 1805)

The city council shall not approve the final map for a subdivision to be created from the conversion of residential real property into a community housing project unless the city council finds that the subdivider has given the notices to tenants required by Cal. Gov't Code, Section 66427.1.

(`64 Code, Sec. 34-227) (Ord. No. 1805)

In reviewing requests for conversion, the commission shall consider the following:

(A) Whether the amount and impact of the displacement of tenants caused by the conversion would be detrimental to the health, safety, or general welfare of the community;

(B) The role that the apartment complex proposed for conversion plays in the existing housing rental market and whether the apartment complex is serving low and moderate income households. (`64 Code, Sec. 34-228) (Ord. No. 1805)

Before approving an application for a special use permit to convert apartments to a community housing project, the commission shall find that:

• (A) All provisions of this article are met;

• (B) The proposed conversion is consistent with the general plan;

• (C) The proposed conversion will conform to the code in effect at the time of tentative map approval, except as otherwise provided in this article;

(D) The overall design and physical condition of the proposed community housing project substantially meets the city's design criteria to achieve a good appearance, high quality and high degree of safety;

(E) The proposed conversion will not displace a significant percentage of low and moderate income or senior citizen tenants, and will not delete a significant number of low and moderate income rental units from the city's housing stock;

(F) The project as approved or conditionally approved will meet all mandatory development standards and will substantially comply with the adopted advisory standards for new condominium construction, which standards are in effect at the time of approval; and

(G) Each dwelling unit provides a reasonable level of safety, convenience and amenities for owner-occupied residences.

(`64 Code, Sec. 34-229) (Ord. No. 1805)