Chapter 16.46 — STANDARDS FOR CONVERSION PROJECTS

16.46.010 - Compliance with electrical code, plumbing code, and housing code.

A.

All conversion projects shall comply with Pasadena electrical code and Pasadena plumbing code in effect on the date the tentative map for the project is approved.

B.

No final map for a conversion project shall be approved unless a certificate of compliance with subsection A has been issued by the city's building and code enforcement officer. The cost of all inspections for

compliance with the costs mentioned in this chapter shall be paid by the subdivider.

C.

No temporary or conditional certificate of occupancy, pursuant to Section 14.16.080, may be issued for a unit in a conversion project after a tentative tract or parcel map for the conversion project is approved, until after the unit is sold by the subdivider and an unconditional certificate has been issued for occupancy by the initial purchaser.

(Ord. 5455 § 6 (part), 1980)

A condominium conversion project shall meet the required number of parking spaces for the zoning district in which it is located. This includes both guest parking requirements and back up distance requirements. All parking spaces shall meet the minimum dimensions contained in Title 17 of this code for full parking spaces. No compact parking spaces shall be permitted.

(Ord. 7034 § 1, 2006: Ord. 7022 § 2 (part), 2005: Ord. 5532 § 1, 1981: Ord. 5455 § 6 (part), 1980)

The consumption of gas and electricity within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility. A shut-off valve for each utility shall be provided for each unit. The requirements of this section may be waived where the building and code enforcement administrator finds that such would be impracticable.

The requirements of this section shall be deemed impracticable only where the long run benefits to the consumers of the respective utilities in the individual units are not expected to exceed the costs of purchasing and installing separate meters. A subdivider asserting that separate metering is impracticable shall provide evidence to the building and code enforcement officer demonstrating that individual meters are impracticable to install. In making this decision, the building and code enforcement officer shall consider any applicable guidelines established under the Public Utility Regulatory Policies Act of 1978.

(Ord. 5455 § 6 (part), 1980)

A.

The subdivider shall grant the homeowners' association or other body responsible for the management of the project a warranty against all defects in common areas for not less than 1 year from sale of first unit. The warranty shall cover, at a minimum, the bearing walls, columns, floors, roofs, foundations, elevator equipment and shafts, central heating, central refrigeration and central air-conditioning equipment, reservoirs, tanks, pumps and other central services, pipes, ducts, flues, chutes, conduits, wires and other utility installations wherever located, except the outlets thereof when located within an individual unit, fire and life safety systems, security systems and any other mechanical or electrical equipment or systems permanently installed in common areas.

B.

The form of the warranty shall be approved by the advisory agency before any tentative tract or parcel map is approved. The warranty may except from its coverage defects resulting from ordinary wear caused by use after the first unit is sold, defects resulting from lack of ordinary maintenance after the first unit is sold, or defects resulting from misuse or abuse after the first unit is sold.

(Ord. 5455 § 6 (part), 1980)

16.46.050 - Relocation allowance for displaced tenants.

A.

The subdivider shall compensate tenants for their relocation expenses by payment of a relocation fee of $500.00 per dwelling unit to the tenants who relocate from the building to be converted after approval of the tentative map for the conversion project. The sum shall be paid no later than the date possession of the unit is surrendered to the landlord or subdivider. If the relocation fee has not been paid prior to the filing of the final map, the subdivider shall submit written evidence to the city that the subdivider has entered into an agreement with the tenants of each dwelling unit to pay $500.00 to the tenants at the time possession of the unit is surrendered to the landlord or subdivider.

For households at or below 140% of the median income, by household size, subdivider shall pay a relocation allowance equal to two (2) months fair market rents as established by ("HUD") for a rental unit of a similar size. In addition to the relocation allowance, subdivider shall also pay a moving expense allowance in the amount of $1,000.00 for adult households or $3,000.00 for households with dependents, disabled or senior members, except when tenant has given notice of intent to move prior to receipt of subdivider's notification of intent to convert.

B.

The provisions of this section shall not apply to any new tenant who receives notice of intention to convert pursuant to Section 16.46.080 after an application has been filed.

C.

The relocation allowance provided for in this section shall be automatically increased every year in accordance with changes in the HUD fair market rents. The moving expense allowance provided in this section shall be adjusted annually in accordance with the Consumer Price Index (for Los Angeles-Long Beach) pursuant to Section 1.08.060.

(Ord. 6992 § 3, 2004; Ord. 5455 § 6 (part), 1980)

16.46.060 - Relocation counseling.

A.

The subdivider shall submit a counseling assistance plan to provide relocation counseling and assistance to qualified tenants, to aid such tenants in finding and relocating to equivalent housing.

The assistance plan shall include provisions for relocation counseling to qualified tenants by a qualified agency approved for this purpose by the director of housing, and such other steps as may be undertaken by the developer to mitigate the impact of relocation on tenants qualified for assistance. The actual cost of such counseling assistance shall be borne solely by the subdivider. The plan shall be approved by the advisory agency as adequate prior to approval of the tentative map for a conversion project. In granting such approval, the advisory agency may approve a plan which places reasonable limits on the costs the developer will incur in implementing the plan.

B.

A counseling assistance plan, and any counseling pursuant thereto, need not include any new tenants who receive notice of the conversion pursuant to Section 16.46.080 after an application therefor has been filed.

C.

A counseling assistance plan need not be submitted for any conversion project which does not have any tenants who would qualify for such assistance. In such case, the subdivider shall submit a declaration or affidavit attesting that an investigation has been made, and that no such tenants are in the proposed project.

(Ord. 6992 § 3, 2004; Ord. 5455 § 6 (part), 1980)

(Ord. No. 7364, § 21, 5-18-2020)

16.46.070 - Notices to tenants.

A.

The subdivider shall provide to each tenant written notification of intent to convert at least 60 days prior to filing a tentative map as required by state statutes.

B.

The subdivider shall provide each tenant with at least 10 days' written notification that an application for a public report will be submitted to the department of real estate, and that such report will be available on request, as required by state statutes.

C.

The subdivider shall give each of the tenants of the proposed conversion project written notification within 10 days of approval of a final map, as required by state statutes.

D.

The subdivider shall give each of the tenants of the proposed conversion project not less than 180 days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion, as required by state statutes.

E.

Subdivider shall deliver the notices provided for in this section by personal delivery, or mailing the notice, postage prepaid, by certified letter with return receipt requested. Proof of service of the notices required by this section shall be provided to the city by affidavit or declaration, including a copy of the notice served, a list of tenants' names and the apartment number each occupies, and a list of vacant apartment numbers. Such proof shall be part of the application for conversion.

F.

Whenever a public hearing is held on a conversion project, notice of the time and place of the public hearing, including notification of the tenant's right to appear and to be heard, shall be given by the city by United States mail to each tenant of the subject property, in addition to any other notices which are required by law, at least 10 days prior to the hearing. The subdivider shall provide the city, by affidavit or declaration, with a list of the tenants' names and apartment number each occupies, and a list of vacant apartment numbers, not more than 25 days and not less than 15 days prior to the hearing date. The subdivider shall pay to the city, at the time the list of tenants is provided to the city, the reasonable cost of serving the notices required by this section as established by the city manager.

G.

The notice that the subdivider must provide to tenants pursuant to this section shall include all of the following information:

1.

Name and address of current owner;

2.

Name and address of proposed subdivider;

3.

Approximate date on which the tentative map/conversion permit application is proposed to be filed;

4.

Tenant's right to purchase condominium, if applicable;

5.

Tenant's right of notification to vacate;

6.

Tenant's right of termination of lease;

7.

Statement of limitations on rent increase;

An explanation of all provisions made by the subdivider for special cases;

9.

An explanation of all provisions made by the subdivider for moving expenses of displaced tenants;

10.

Tenant's right to receipt of notice for each hearing and right to appear and be heard at any such hearing.

(Ord. 6992 § 5, 2004; Ord. 5532 § 2, 1981: Ord. 5455 § 6 (part), 1980)

Any present tenant or tenants shall be given the exclusive right to contract for the purchase of the unit upon the 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 from the date of issuance of the subdivision public report. If tenant exercises right to purchase, the subdivider is not required to pay for moving expenses as provided for in this chapter.

(Ord. 6992 § 6, 2004)

Each non-purchasing tenant, not in default under the obligations of the rental agreement of lease under

which the unit is occupied, will have not less than 180 days from the date of approval of the conversion by the advisory agency or, if an appeal is filed, the date of approval by the city council, to find substitute housing and to relocate.

(Ord. 7022 § 2 (part), 2005: Ord. 6992 § 7, 2004)

Any present tenant or tenants shall have the right to terminate their lease or rental agreement without penalty, following the receipt of notification from the owner of the intent to convert.

(Ord. 6992 § 8, 2004)

In cases where the household has a tenant or tenants who are disabled, senior citizens, or minor children, subdivider shall allow an additional period of time, not exceeding six (6) months beyond the time specified in Section 16.46.070(D). In addition, if the tenant or tenants have minor children, the subdivider shall not require that tenant vacate the unit until the end of the school year in which the 180 day notice expires.

(Ord. 6992 § 9, 2004)

After submittal of the application to convert, any prospective tenants for units included in the conversion project shall be notified in writing of the intent to convert prior to leasing or renting of any unit, and if such

notice is given, the subdivider shall not be required to give such tenants the benefits provided by Sections 16.46.050 and 16.46.060 of this chapter.

(Ord. 5455 § 6 (part), 1980)

From the date of approval of the application to convert until the date of conversion, tenant's rent will not be increased more frequently than once annually nor at a rate greater than the rate of increase in the Consumer Price Index (Los Angeles-Long Beach) on an annualized basis, for the same period. This limitation will not apply if rent increases are provided for in leases or contracts in existence prior to the filing date of the application to convert.

(Ord. 6992 § 10, 2004)

The requirements of this chapter shall not apply to conversion projects which convert solely dwelling units which already are under separate ownership as part of a stock cooperative, condominium, or community apartment project.

(Ord. 5455 § 6 (part), 1980)

A.

Any subdivider who fails to provide relocation assistance as required by this section shall be liable in civil action to the tenant to whom such assistance is due for damages in the amount of the relocation fee the subdivider has failed to pay, a civil penalty in the amount of five hundred dollars and reasonable attorney's fees and costs as determined by the court. The court may also award punitive damages in a proper case The tenant and/or the city, may enforce the provisions of this chapter by means of a civil action.

B.

No subdivider shall attempt to secure from a tenant any waiver of any provision of this chapter. Any agreement, whether written or oral, whereby any provision of this chapter is waived, shall be deemed against public policy and shall be void.

(Ord. 6992 § 10, 2004)