Chapter 17.44 — CONDOMINIUM CONVERSIONS

The chapter provides development standards related to the conversions of apartments to community apartments, stock cooperatives and condominiums to ensure that apartments and like structures being converted will be in the best interest of the community.

(Ord. No. 1000 § 4, 2022)

• A. The regulations and development standards in this chapter apply when a tentative map for the purpose of conversion is submitted to the planning department with the addition of the information required by the Subdivision Map Act and title 16 .

• B. Approval of a minor design review entitlement is required as part of any condominium conversion.

• C. If a property is subject to the requirements of an active development agreement (DA), and the requirements of the DA exceed the requirements within this section, the DA provisions apply.

• (Ord. No. 1000 § 4, 2022)

In the event that any of the property development standards required for the conversion cause practical difficulties and are determined to be unnecessary or would result in excessive costs, the planning commission may waive, reduce, or modify the requirement. (Ord. No. 1000 § 4, 2022)

Annual limit. The city shall approve the conversion of no more than one-half the number of multi-family rental dwellings added to the city's housing stock (e.g., dwelling units completed and ready for occupancy) during the preceding year, in any one calendar year. The number of multi-family rental units added in one year shall be determined as follows:

1. From January 1 through December 31, the total number of multi-family rental units given a final building inspection and occupancy permit minus the number of such units demolished, removed from the city, or converted to nonresidential use.

2. If approval for a project expires prior to recordation of the final tract map for that project, the number of dwelling units provided in the expired project shall be added to the allocation in the calendar year of expiration.

(Ord. No. 1000 § 4, 2022)

The city shall make the following findings in addition to the findings otherwise required for a tentative tract map in order to approve a tentative tract map for the purpose of conversion:

1. The proposal is compatible with the objective, policies, elements, and program specified in the general plan and any applicable specified plan.

2. The design or improvement of the project is consistent with the general plan and applicable specified plans.

3. The proposal is consistent with the purposes of this chapter.

4. The proposal promotes the health, safety, and welfare of the residents of the city. (Ord. No. 1000 § 4, 2022)

• A. General requirements. The following requirements shall be included as conditions of approval of the tentative map:

  1. Each dwelling unit shall conform to current noise and energy insulation standards required by the latest adopted California Building Code or other applicable law or regulation.

  2. Each unit shall have installed smoke alarms or detectors and carbon monoxide detectors as required by the latest adopted edition of the California Building Code.

  3. Each dwelling unit shall be separately metered for gas and electricity unless the city approves a plan for equitable sharing of communal metering.

  4. Each unit shall be provided with separate water shut-off valves and an electrical main shut-off switch.

  5. Each area for trash placement and pickup shall be adequately designated and all refuse shall be removed on a regularly scheduled basis from the premises.

  6. Permanent mechanical equipment that the building official determines is a potential source of vibration or noise shall be shock-mounted or isolated or otherwise mounted in a manner approved by the building official to lessen the transmission of vibration and noise.

  7. Illuminated addresses and, if found necessary by the planning commission, directory maps for all units shall be prominently displayed from appropriate public or private access within or adjacent to the project.

  8. At least 125 cubic feet of enclosed, weatherproof, lockable storage space is to be provided for each unit. This storage space shall be in addition to that ordinarily contained within each unit. It may be either within or exterior to, but shall bear a reasonable locational relationship to each unit.

  9. A laundry area shall be provided in each unit, or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof.

  10. The applicant shall provide written certification to the buyer of each unit on the initial sale after conversion that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air conditioners that are provided are in working condition as of the close of escrow. At such time as the homeowners association takes over management of the development, the applicant shall provide written certification to the association that any pool and pool equipment and any appliances and mechanical equipment to be owned in common by the association are in working condition.

• B. Notice of intent to convert. Evidence that a notice of intent to convert shall be delivered to each existing tenant's dwelling unit with content and form approved by the planning director and shall include a summary of tenant rights, as follows:

  1. Tenant's right to purchase.

  2. Tenant's right of notification to vacate.

  3. Tenant's right of termination of lease.

  4. Provision for special cases.

  5. Provision of moving expenses.

6. Tenant's right to purchase. As provided in Government Code § 66427.1(b) , any present tenant or tenants of any unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public. The right of first refusal shall extend for at least 60 days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later.

   7. Vacation of units. Each non-purchasing tenant not in default under the obligations of the rental agreement or lease under which he or she occupies his or her unit shall have not less than 120 days from the date of receipt of notification from the owner of his or her intent to convert or from the filing date of the final subdivision map, whichever date is later, to find substitute housing and to relocate.

• (Ord. No. 1000 § 4, 2022)