Chapter 16.10 — CONDOMINIUM CONVERSION

A.

To establish criteria for the conversion of the existing multiple-family rental housing to condominiums, community apartments, stock cooperatives, and any other subdivision which is a conversion of existing rental housing.

B.

To reduce the impact of such conversions on residents in rental housing who may be required to relocate due to the conversion of apartments to condominiums by providing for procedures for notification and adequate time and assistance for such relocation.

C.

To assure that purchasers of converted housing have been properly informed as to the physical conditions of the structure which is offered for purchase.

D.

To insure that converted housing achieves a high degree of appearance, quality, and safety and is consistent with the goals of the town.

E.

To provide a reasonable balance of ownership and rental housing in the town and a variety of choices of tenure, type, price, and location of housing.

F.

To maintain a supply of rental housing for low and moderate income persons. (Ord. 203 §2(part), 1990)

In addition to the requirements and procedures as set forth in Chapters 16.07 and 16.08 of this title, conversions of existing multiple-family rental housing to condominiums, community apartments, stock cooperatives, and any other subdivision which is a conversion of existing rental housing shall be subject to the additional requirements provided by this chapter, except that a limited equity housing cooperative, as defined in Section 33007.5 of the Health and Safety Code, shall be exempt from these additional requirements.

A.

A report prepared by a registered engineer or architect or licensed qualified contractor describing the physical elements of all structures and facilities shall be submitted with the tentative subdivision or parcel map. The report shall include, but not be limited to:

A report detailing the structural condition of all elements of the property including foundations, electrical, plumbing, utilities, walls, roofs, ceilings, windows, recreational facilities, 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 any element was replaced, the approximate date any element will require replacement, the cost of replacing any element, and any variation of the physical condition of any element from the current town ordinances or codes. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed;

A report from a licensed structural pest control operator, approved by the town, on each structure and each unit within the structure;

A statement of repairs and improvements to be made by the subdivider on the structure;

A declaration of covenants, conditions and restrictions which would be applied on behalf of any and all owners of condominium units within the project;

Specific data regarding the project, including, but not limited to, square footage and number of rooms in each unit, proposed sale price of units, and names and addresses of all tenants;

Signed copies from each tenant of NOTICE OF INTENT TO CONVERT, as specified in Section 66427.1 of the Government Code. The subdivider shall submit evidence that a letter of notification was sent to each tenant for whom a signed copy of the notice is not submitted;

Any other information requested by the planning director which will assist in determining whether the proposed project will be consistent with the purposes of this title.

B.

Acceptance of Reports. The final form of the physical elements report and other documents shall be as approved by the town. The reports in their acceptable form shall remain on file with the community development department for review by any interested persons. The report shall be referenced in the subdivision report to the planning commission.

C.

Public Hearing. Prior to tentative map approval, for a condominium conversion, the planning commission shall hold a public hearing. In the event of a proposed conversion of residential real property to a condominium, community apartment, or stock cooperative project, notice shall be sent by first class mail to each tenant of the subject property, and shall also include notification of the tenant's right to appeal and be heard, and any person who has requested notification of any hearing regarding the project. The request shall be honored for one year from the date of the request. The town may require a reasonable fee for such notification to recover the cost of mailing.

(Ord. 203 §2(part), 1990; Ord. No. 430, § 10, 12-14-2004)

A.

Waiver Provision. When at least two-thirds of the owners of mobile homes who are tenants in the mobile home park sign a petition indicating their intent to purchase the mobile home park for purposes of converting it to tenant owned, condominium ownership interest, the requirement for a parcel map or a tentative and final map specified by Section 66426 of the Government Code shall be waived unless any of the following exist:

There are significant design or improvement requirements necessitated by health or safety concerns.

There is a need to perform field surveys on the exterior boundaries of the parcel or parcels appearing on the face of the map.

The existing lot or lots were not created by a recorded parcel or final map.

The conversion would result in the creation of additional parcels. (G.C. 66428(b))

B.

Procedure for Waiver Application. A letter, formally requesting waiver from the requirements for a parcel map or a tentative and final map specified by Section 66426 of the California Government Code, shall be submitted to the planning director with a petition signed by at least two-thirds of the owners of mobile homes who are tenants in the mobile home park, as indicated in subsection (A) of this section.

C.

Action on the Waiver Application. After the waiver application is deemed complete pursuant to Section 65943 of the California Government Code, the planning director shall approve or deny the application within sixty days.

D.

Appeal of Decision on Waiver Application. Any person directly affected by the decision of the planning director regarding the waiver application, may appeal the decision in writing to the town council within ten calendar days of the decision of the planning director. (G.C. 66428(b))

All other provisions regarding the waiver of parcel, tentative and final maps detailed in Section 66428(b) of the California Government Code shall apply. (Ord. 203 §2(part), 1990)

A.

Notice of Intent. As provided in Government Code Section 66427.1 (a), a notice of intent to convert shall be delivered by the subdivider to each tenant at least sixty days prior to filing of the tentative map. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. The form of the notice shall be in the form outlined in Government Code Section 66452.9 and approved by the community development department and will inform the tenants of all rights provided under this title and state law.

B.

Notice of Public Report. As provided in Government Code Section 66427.1(a), each tenant shall receive ten days written notice that an application for a public report will be or has been submitted to the department of real estate, and that such report will be available upon request. The written notices to tenants required by

this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

C.

Notice of Final Map Approval. As provided in Government Code Section 66427.1(b), each tenant shall receive written notification within ten days of approval of a final map for the proposed conversion. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

D.

Tenant's Right to Purchase. As provided in Government Code Section 66427.1(d), any present tenant shall 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 ninety days from the date of issuance of the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise the right. Evidence of receipt by each tenant shall be submitted prior to approval of the final map. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

E.

Vacation of Units. Each tenant not in default under the obligations of the rental agreement or lease under which he or she occupies the unit, shall be given one hundred eighty days' written notice of intention to convert his or her unit prior to termination of tenancy. The subdivider shall notify each tenant immediately prior to the time of final map approval of the anticipated date required to vacate the unit and when the one hundred eighty day period will begin. Evidence of receipt by each tenant shall be submitted prior to approval of the final map. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. (G.C. 66452.50)

F.

Notice to New Tenants. Beginning at a date not less than sixty days prior to the filing of the tentative map, the subdivider or his or her agent shall give notice of such filing in the form outlined in Government Code Section 66452.8(b) to each person applying after such date for rental of a unit prior to acceptance of any renter deposit. If the subdivider, 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 an amount equal to two times monthly rent for moving expenses.

(Ord. 203 §2(part), 1990; Ord. No. 430, § 11, 12-14-2004)

The planning commission shall not approve an application for conversion unless the planning commission finds that:

A.

All applicable provisions of this title have been met;

B.

The proposed conversion is consistent with the town's general plan or any specific plan;

C.

The proposed conversion will conform to the town's municipal code in effect at the time a completed application is received by the community development department.

(Ord. 203 §2(part), 1990; Ord. No. 430, § 12, 12-14-2004)