Chapter 16.10 — CONDOMINIUM CONVERSION

16.10.010 - Purposes.

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;

2.

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

3.

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

4.

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

5.

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;

6.

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;

7.

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:

1.

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

2.

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

3.

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

4.

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)

16.10.040 - Findings.

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)

Chapter 16.11 - SUBDIVISION IMPROVEMENTS

16.11.010 - Subdivision improvements required.

A.

The subdivider shall construct all required improvements both onsite and offsite according to approved standards. No final map shall be presented to the town council for approval nor any parcel map approved for recordation by the town engineer until the subdivider either completes the required improvements or enters into an agreement with the town agreeing to do such work. (G.C. 66419 and 66462(a))

B.

All improvements as may be required as conditions of approval of the tentative map or by this code, together with but not limited to those listed in this title, shall be required for all subdivisions.

C.

Requirements for construction of onsite and offsite improvements for subdivisions of four or fewer parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map.

D.

Completion of improvements shall be in accordance with this chapter. (Ord. 203 §2(part), 1990)

16.11.020 - Improvements which may be imposed.

A.

Storm Drainage. Storm water runoff from the subdivision shall be collected and conveyed in a manner consistent with the "Master Storm Drainage Study and Facilities Plan" adopted by the town and with the requirements of the town engineer.

B.

Sewage Disposal. Each lot or unit within the subdivision shall meet the requirements of the town regarding sewage disposal as set forth in Chapter 13.04 of this code.

C.

Water Supply. Each lot or unit within the subdivision shall have adequate water for domestic use.

D.

Utilities. Each lot or unit within the subdivision shall be made accessible to service for gas, electric, telephone, and cable television facilities unless exempted by the planning commission.

E.

Underground Utilities. For subdivisions of five (5) or more lots, all utilities within the subdivision and along peripheral streets or roads shall be placed underground except where exempted by the public utilities commission regulations or the planning commission. Subdivisions of four (4) or fewer parcels shall not be required to install underground utilities upon approval of the planning commission.

F.

Deferred Improvement Agreements. All subdivisions shall abide by the regulations set forth in Chapter 12.20 of this code.

G.

Design. The design and layout of all required improvements both onsite and offsite, private and public, shall conform to generally accepted engineering standards and to such standards as approved by the town

engineer.

1.

The subdivision shall have approved access to a public street. Each lot or unit within the subdivision shall have an approved access to a public street or private road which accesses a public street.

2.

Where practicable, the subdivision shall be designed to provide for future access to property adjoining the subdivision.

3.

Reserve strips, or nonaccess at the end of a street or road or at the boundaries of subdivisions, shall be dedicated unconditionally to the town when required.

H.

Improvement Plans. Improvement plans shall be prepared under the direction of and signed by a registered civil engineer licensed by the state of California. Improvement plans shall include but not be limited to: grading; storm drains; landscaping; streets; roads; and related facilities. (Government Code Section 66456.2)

1.

Form.

a.

Plans, profiles, and details shall be legibly drawn, printed, or reproduced on twenty-four (24) by thirty-six (36) inch sheets. A border shall be made on each sheet providing one-half (½) inch at the top, bottom and right side and one and one-half (1½) inches on the left side.

b.

A suitable title block shall be placed in the lower right corner or along the right edge and provide adequate space for approval by the town engineer and for approval of plan revisions.

c.

Plan and profiles shall be drawn to the scale of one inch equals fifty (50) feet or larger unless approved by the town engineer. Details shall be drawn to such scale that clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet.

d.

A vicinity map shall be shown on the first sheet of all sets of plans.

e.

A north arrow shall be shown on each sheet when applicable.

f.

Plans shall be laid out to orient north to the top or right edge of the sheet unless approved otherwise by the town engineer.

g.

All lettering shall be one-eighth (⅛) inch minimum height.

h.

If the plans include three (3) or more sheets, a cover sheet showing the streets, lots, easements, storm drains, index and vicinity map shall be included.

i.

The form of all plans shall conform to additional requirements as may be established by the town engineer. The final form of all plans shall be approved by the town engineer.

2.

Contents. The improvement plans shall show complete plans, profiles, and details for all required improvements to be constructed, both public and private, including common areas. Reference to town standard plans may be made in lieu of duplicating the drawings.

3.

Supplementary Plans and Calculations. Hydrology, hydraulic plans and calculations, bond estimates and any structural calculations as may be required, shall be submitted with the improvement plans to the town engineer. All calculations shall be legible, systematic and signed and dated by a registered civil engineer licensed by the state of California and in a form approved by the town engineer.

4.

Review by Town Engineer. The subdivider shall submit the improvement plans and all computations to the town engineer for review. Upon completion of the review, one set of the preliminary plans, with the required revisions indicated, will be returned to the subdivider's engineer.

5.

Approval by Town Engineer. An improvement plan being processed in conjunction with either an approved tentative, parcel or final map shall be acted on by the town engineer within sixty (60) working days of its submittal, except that at least fifteen (15) working days shall be provided for reviewing and processing any resubmitted improvement plan. The sixty (60) working day period shall not include any days during which the improvement plan has been returned to the applicant for correction, has been subject to review by other than the local agency or following that review, has been returned to the applicant for correction. The time limits specified in this section for acting on improvement plans may be extended by mutual consent of the applicant/subdivider and the town, pursuant to Government Code Section 66456.2.

After completing all required revisions, the subdivider's engineer shall transmit the originals of the improvement plans to the town engineer for signature. Upon finding that all required revisions have been made and that the plans conform to all applicable town ordinances, design review requirements, and conditions of approval of the tentative map, the town engineer shall sign and date the plans. The originals will be returned to the subdivider's engineer. Approval of the improvement plans shall not be construed as approval of the sanitary sewer, water, or gas and electric service construction plans. Approval by the town engineer shall in no way relieve the subdivider or the subdivider's engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design or from any required conditions of approval of the tentative map. (Government Code Section 66456.2)

6.

Revisions to Approved Plans.

a.

By Subdivider. Requests by the subdivider or the engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the town engineer or authorized representative and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable, the originals shall be submitted to the town engineer's office for initialing. The originals shall be maintained by the town engineer and any revised plans shall be immediately transmitted to the town engineer. Construction of any proposed revision will not be permitted to commence until revised plans have been received and forwarded to the town engineer.

b.

By Town Engineer. When revisions are deemed necessary by the town engineer to protect public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider and engineer. The subdivider's engineer shall revise the plans and transmit the originals to the town engineer. Upon receipt of the initialed originals, the subdivider's engineer shall immediately transmit revised drawings to the town engineer. Construction of all or any portion of the improvements may be stopped by the town engineer until revised drawings have been submitted and reviewed. The subdivider may appeal revisions required by the town engineer to the town council by filing an appeal with the town clerk within two (2) working days following receipt of the request to revise the plans. The town council shall consider the appeal within thirty (30) days of the receipt of the appeal; provided, however, that appeals to sewage disposal requirements shall be made as set forth in Chapter 13.04 of this code.

7.

Plan Checking and Inspection Costs for Revisions. Costs incurred by the town for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider at actual cost. A deposit, when required, shall be submitted with the revised prints and applied toward the actual costs.

I.

Improvement Agreement. The agreement shall be prepared and signed by the town engineer and approved as to form by the town attorney. The agreement shall provide for:

Construction of all improvements according to the approved plans and specifications on file with the town engineer;

2.

Completion of improvements within the time specified within the agreement;

3.

Right by town to modify plans and specifications;

4.

Warranty by subdivider that construction will not adversely affect any portion of adjacent properties;

5.

Payment of inspection fees in accordance with the town's resolution establishing fees and charges;

6.

Payment of in-lieu fees for park land dedication;

7.

Payment of drainage district or area fees;

8.

Improvement security as required by this title;

9.

Maintenance and repair of any defects or failures and causes thereof;

10.

Release of the town from all liability incurred by the development and payment of all reasonable attorney's fees that the town may incur because of any legal action arising from the development;

11.

Any other deposits, fees, or conditions as required by town ordinance or resolution and as may be required by the town engineer.

J.

Improvement Security. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in accordance with Government Code

Section 66499 and as provided below. No final map or parcel map shall be signed by the town engineer or recorded until all improvement securities required by this title have been received and approved.

K.

Form of Security. The form of security shall be one or the combination of the following at the option and subject to the approval of the town.

1.

Bond(s) by one or more duly authorized corporate sureties in accordance with Government Code Sections 66499.1, 66499.2, 66499.3 and 664994.4;

2.

An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment;

3.

A deposit, either with the town or a responsible escrow agent or trust company, at the option of the town, of money or negotiable bonds of the kind approved for securing deposits of public moneys.

4.

Any other form of security as provided in Government Code Section 66499.

L.

Amount of Security. A performance bond or security in the amount of one hundred (100) percent of the estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of fifty (50) percent of the estimated construction cost shall be required to guarantee the payment to the subdivider's contractor, subcontractors, and to persons furnishing labor, materials, or equipment for the construction or installation of improvements. (Government Code Sections 66499(a)(3) and 66499.3)

The estimate of improvement costs shall be as approved by the town engineer and shall provide for:

1.

Not less than five (5) percent nor more than ten (10) percent of the total construction cost for contingencies;

2.

Increase for projected inflation computed to the estimated midpoint of construction;

3.

All utility installation costs or a certification acceptable to the town engineer from the utility company that adequate security has been deposited to ensure installation;

4.

In addition to the full amount of the security, there shall be included costs and reasonable expenses or fees, including attorney's fees, incurred in enforcing the obligation secured.

M.

Warranty Security. Upon acceptance of the subdivision improvements by the town, the subdivider shall provide security in the amount as required by the town engineer to guarantee the improvements throughout the warranty period. The amount of the warranty security shall be not less than ten (10) percent of the cost of the construction of the improvements, including the cash bond which shall be retained for the one-year warranty period.

N.

Reduction in Performance Security. The town engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider, but in no case shall the security be reduced to less than ten (10) percent of the total improvement security given for faithful performance. The amount of reduction of the security shall be determined by the town engineer; however, in no event shall the town engineer authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by this title, the Subdivision Map Act, or the improvement agreement. (Government Code Section 66499.17)

O.

Release of Improvement Securities.

1.

Performance Security. The performance security shall be released only upon acceptance of the improvements by the town and when an approved warranty security has been filed with the town engineer. If warranty security is not submitted, performance security shall be released twelve (12) months after acceptance of improvements and correction of all warranty deficiencies. (Government Code Section 66499.7)

2.

Material and Labor Security. Security given to secure payment to the contractor, subcontractors, and to persons furnishing labor, materials, or equipment may, six (6) months after the completion and acceptance of the improvements by the town council, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the town council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

3.

Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period provided:

a.

All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected and not less than twelve (12) months have elapsed since the acceptance of the improvements by the town council.

P.

Construction. The construction methods and materials for all improvements shall conform to the standard plans and specifications of the town and any applicable public utility. The general provisions of the town's standard specifications shall apply to the subdivider where applicable. Construction shall not commence until required improvement plans have been approved by the town engineer.

Q.

Construction Inspection. All improvements are subject to inspection by the town engineer or authorized personnel in accordance with the town's standard specifications.

R.

Preconstruction Conference. Prior to commencing any construction, the subdivider shall arrange a preconstruction conference with the town engineer.

S.

Final Inspection and Deficiency List. Upon completion of the subdivision improvements, the developer shall apply in writing to the town engineer for a preliminary final inspection. A deficiency list shall be compiled during the inspection, noting all corrections or any additional work required. When the preliminary final inspection has been completed, a copy of the deficiency list shall be transmitted to the subdivider for correction. Upon having completed all correction or additional work as outlined by the deficiency list, the subdivider shall certify in writing that all corrections have been completed satisfactorily and request a final inspection. The town engineer or authorized representative shall then make a final inspection.

Upon finding that all items on the deficiency list have been corrected and receipt of as-built improvement plans, any subdivision of five (5) or more lots shall be placed on the town council agenda for acceptance.

The completion of corrections indicated by the deficiency list shall not relieve the subdivider from the responsibility of correcting any deficiency not shown on the list that may be subsequently discovered.

T.

Completions of Improvements.

1.

Subdivisions of Five or More Lots. Any public improvements required by the town for a subdivision shall be completed by the subdivider within twenty-four (24) months of the recordation of the subject map, or such time as approved by the town engineer, not to exceed a period of forty-eight (48) months, unless an extension is granted by the town council, in accordance with subsection (T)(3) of this section. Should the subdivider fail to complete the improvements within the specified time, the town may, by resolution of town

council and at its option, cause any or all uncompleted improvements to be completed and the parties executing the surety or sureties shall be firmly bound for the payment of all necessary costs. (Government Code Section 66462)

2.

Subdivisions of Four or Fewer Parcels. The completion of improvements may be required by a specified date by the town when the completion of such improvements is found to be necessary for public health or safety or for the orderly development of the surrounding area. This finding shall be made by the town engineer or authorized representative. The specified date, when required, shall be stated in the subdivision improvement agreement. Improvements shall be completed prior to the final building inspection or occupancy of any unit within the subdivision.

3.

Extensions. The completion date may be extended by the town council for subdivisions of five (5) or more lots and by the town engineer for subdivisions of four (4) or fewer parcels upon written request by the developer and the submittal of adequate evidence to justify the extension. The request shall be made not less than thirty (30) days prior to expiration of the subdivision improvements agreement. The subdivider

pletion date may be extended by the town council for subdivisions of five (5) or more lots and by the town engineer for subdivisions of four (4) or fewer parcels upon written request by the developer and the submittal of adequate evidence to justify the extension. The request shall be made not less than thirty (30) days prior to expiration of the subdivision improvements agreement. The subdivider

shall enter into a subdivision improvement agreement extension with the town. For subdivisions of five (5) or more lots the agreement shall be prepared and signed by the town engineer, approved as to form by the town attorney, executed by the subdivider and surety and transmitted to the town council for its consideration. If approved by the town council, the mayor shall execute the agreement on behalf of the town.

In consideration of a subdivision improvement agreement extension, the following may be required:

a.

Revision of improvement plans to provide for current design and construction standards when required by the town engineer.

b.

Revised improvement construction estimates to reflect current improvement costs as approved by the town engineer.

c.

Increase of improvement securities in accordance with revised construction estimates.

d.

Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund.

U.

Additional Council Requirements. The town council may impose additional requirements deemed necessary as a condition of approving any time extension for the completion of improvements consistent with the provisions of Government Code Sections 66474.2 and 65961. The costs incurred by the town in processing the agreement shall be borne by the subdivider at actual cost. (Government Code Sections 66474.2 and 65961)

V.

Acceptance of Improvements. When all improvement deficiencies have been corrected and as-built improvement plans filed, the subdivision improvements shall be considered by the town for acceptance. Subdivisions of five (5) or more lots must be accepted by the town council. The town engineer or authorized representative shall be responsible for the acceptance of subdivisions of four (4) or fewer parcels. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.

W.

Notice of Completion. If the subdivision has been accepted by the town, the town engineer shall cause a notice of completion to be filed with the county recorder.

X.

Acceptance of a Portion of the Improvements. When requested by the subdivider in writing, the town may consider acceptance of a portion of the improvements as recommended by the town engineer. The improvements will be accepted by the town only if it finds that it is in the public interest and such improvements are for the use of the general public. Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this title.

(Ord. No. 567, § 1, 1-9-2018; Ord. No. 430, § 13, 12-14-2004; Ord. 203 § 2(part), 1990)

Chapter 16.12 - REVERSION TO ACREAGE