Red Bluff Municipal Code Art. I General Provisions

The purpose of this chapter is:

(A) To establish criteria for the conversion of the existing multiple-family rental housing to condominiums, community apartments, stock cooperatives, planned unit developments and any other subdivision which is a conversion of existing rental housing, generally referred to in this text as condominiums;

(B) To reduce the impact of the 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 the relocation;

(C) To ensure that purchasers of converted housing have been properly informed as to the physical conditions of the structure which is offered for purchase;

(D) To ensure that converted housing achieves a high degree of appearance, quality and safety and is consistent with the goals of the city, as expressed in the housing element of the general plan; and

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

(`61 Code, § 10.1) (Ord. 709, passed 1-18-1983)

(A) In addition to the requirements and procedures as set forth by Chapter 20 of this code, conversions of existing multiple-family rental housing to condominiums, community apartments, stock cooperatives, planned unit developments and any other subdivision which is a conversion of existing rental housing shall be subject to the additional requirements provided by this article, except that a limited equity housing cooperative, as defined in California Health and Safety Code § 33007.5, shall be exempt from these additional requirements.

(B) A report 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 the following:

(1) A report detailing the structural condition of all elements of the property including foundations, electrical, plumbing, utilities, walls, roofs, ceilings, windows, recreational facilities, sound transmission of each building, mechanical equipment, parking facilities and appliances. Regarding each element, the report shall state to the best knowledge or estimate of the applicant, when the element was built; the condition of each element; when the element was replaced; the approximate date upon which the element will require replacement; the cost of replacing the element; and any variation of the physical condition of the element from the zoning chapter and Uniform Code for the Abatement of Dangerous Buildings in effect at the time application for conversion is submitted.

(2) A report from a licensed structural pest control operator on each structure and each unit within the structure.

(3) A report on soil and geological condition regarding soil deposits, rock formations, faults, groundwater and landslides in the vicinity of the project and a statement regarding any known evidence of soils problems relating to the structures unless the report is waived by the City Engineer.

(C) (1) A declaration of covenants, conditions and restrictions which would be applied on behalf of any and all owners of condominium units within the project. The declaration shall include, but not be limited to the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for the maintenance; description of a provision for maintenance of all vehicular access areas within the project; an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit; a plan for equitable sharing of communal water metering.

(2) (a) Specific information concerning the demographic characteristics of the project, including, but not limited to the following:

• 1. Square footage and number of rooms in each unit;
• 2. Rental rate history for each type of unit for previous two years;
• 3. Monthly vacancy rate for each month during preceding two years;

4. Makeup of existing tenant households, including family size, length of residence, age of tenants and whether receiving federal or state rent subsidies;

• 5. Proposed sale price of units;
• 6. Proposed homeowners’ association fee; and
• 7. Names and addresses of all tenants.

(b) When the subdivider can demonstrate that the information is not available, this requirement may be modified by the Planning Department.

(3) Signed copies from each tenant of notice of intent to convert, as specified herein. 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. This requirement shall be deemed satisfied if the notices comply with the requirements for service by certified mail.

(D) The final form of the physical elements report and other documents shall include a description of repairs and improvements approved by the city, to be made in order to comply with city regulations. The reports in their acceptable form shall remain on file with the Planning Department for review by any interested persons. The report shall be referenced in the subdivision report to the Planning Commission.

(E) The subdivider shall provide each purchaser with a copy of all submittals (in their final, acceptable form), required by divisions (B) and (C) of this section, prior to the purchaser executing any purchase agreement or other contract to purchase a unit in the project and the developer shall give the purchaser sufficient time to review the information. Copies of the submittals shall be made available at all times at the sales office and shall be posted at various locations, as approved by the city, at the project site. Copies shall be provided to the homeowners’ association upon its formation.

(F) Prior to tentative map approval, the Planning Commission shall hold a public hearing. Notice of the hearing shall be given as provided in § 66451.3 of the Subdivision Map Act. A copy of any staff report shall be served on each tenant of the subject property at least three days prior to the hearing.

(G) Prior to the close of escrow, the subdivider shall submit the following information to the Planning Department:

(1) Name, address and phone number of homeowners’ association;

(2) Actual sale price of units;

(3) Actual homeowners’ association fee;

(4) Number of prior tenants who purchased units; and

(5) Number of units purchased with intent to be used as rentals.

(`61 Code, § 10.2) (Ord. 709, passed 1-18-1983)

(A) To achieve the purpose of this chapter, the Planning Commission shall require that all condominium conversions conform to this code of ordinances in effect at the time of tentative map approval, except as otherwise provided in this chapter. All provisions of the city code must be met and violations corrected prior to the approval of the final map. An overall assessment of building condition shall be performed by the Building Department prior to tentative map approval, and a report of violations specified in the tentative subdivision report to the Planning Commission. A physical inspection of every unit to ensure compliance with these regulations shall be required prior to final map approval.

(B) The Planning Commission shall require conformance with the standards of this section in approving the map.

(1) Unsafe or unsanitary conditions, as defined in § 302 of the Uniform Code for the Abatement of Dangerous Buildings, and other applicable local and state regulations shall be corrected.

(2) Each bathroom in each living unit shall be provided with ground fault circuit interrupters.

(3) Fire prevention:

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

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

(4) Sound transmission:

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

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

(5) Each dwelling unit shall be separately metered for gas and electricity. A plan for equitable sharing of communal water metering shall be developed prior to final map approval and included in the covenants, conditions and restrictions.

(6) Each unit shall have at least 200 cubic feet of enclosed weatherproofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. The space shall be in a single location approved by the Planning Department.

(7) A laundry area may be provided in each unit or if common laundry areas are provided, the facilities shall consist of not less than one automatic washer and one dryer of equivalent capacity for every five units of three or more bedrooms; every seven two-bedroom units, and every ten one-bedroom units. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the Planning Commission.

(8) All landscaping shall be restored as necessary and maintained to achieve a high degree of appearance and quality. If a significant amount of new landscaping is required, the landscape plan shall be subject to Design Review Commission approval.

(9) Two spaces for each dwelling unit must be provided, as defined hereby. One space may be uncovered.

(10) The seller shall provide a 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 have a useful life of one year. At the time as the homeowners’ association takes over management of the development, the developer shall provide a 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 haws a useful life of one year. Prior to final map approval, the developer shall provide the city with a copy of warranty covering equipment and appliances, pursuant to this section.

(11) All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas and additional elements as required by the Planning Department shall be refurbished and restored as necessary to achieve a high degree of appearance, quality and safety. The seller shall provide to the homeowners’ association and/or purchaser a one-year warranty on all physical improvements required under this section. If substantial restoration is required, the design plans shall be subject to Design Review Commission approval.

(12) Prior to approval of the final map, the developer shall provide evidence to the city that a long-term fund for reserve has been established in the name of the homeowners’ association. The fund shall equal two times the estimated monthly homeowners’ assessment for each dwelling unit.

(`61 Code, § 10.3) (Ord. 709, passed 1-18-1983)

(A) As provided in California Government Code § 66427.1(a), a notice of intent to convert shall be delivered by the subdivider to each tenant at least 60 days prior to filing of the tentative map. The written notices of tenants required by this section shall be deemed satisfied if the notices comply with the requirements for service by certified mail. The form of the notice shall be in the form outlined in California Government Code § 66452.9(b), approved by the Planning Department and will inform the tenants of all rights provided under this article and state law.

(B) As provided in California Government Code § 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 the report will be available on request. The written notices to tenants required by this section shall be deemed satisfied if the notices comply with the requirements for service by certified mail.

(C) As provided in California Government Code § 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 the notices comply with the requirements for service by certified mail.

(D) As provided in California Government Code § 66427.1(d), any present tenant shall be given notice of an exclusive right to contract for purchase of his or her respective unit upon the same terms and conditions that the 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 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 the notices comply with the requirements for service by certified mail.

(E) Each tenant not in default under the obligations of the rental agreement or lease under which he or she occupies his or her unit, shall be given 180 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 180-day period will begin. Evidence of receipt by each tenant shall be submitted prior to approval of the final map. The written notices of tenants required by this section shall be deemed satisfied if the notices comply with requirements for service by certified mail.

(F) The rent charged tenants resident when a completed tentative map application was accepted by the Planning Department shall not be increased for two years from that acceptance time or until the subdivision is denied or withdrawn. The increase in rent on a unit which has been rented after receipt of the application by the Planning Department shall be limited to 5% per year, as long as the tentative map is valid.

(G) Any non-purchasing tenant who is handicapped or has minor children in school or is age 60 or older and does not accept a lifetime lease, living in any unit prior to the time a completed tentative map application has been accepted by the Planning Department shall be given at least an additional six months in which to find suitable replacement housing.

(H) The subdivides shall provide moving expenses of two times the monthly rent, not to exceed $500, to any tenant household living in any unit prior to the time a completed tentative map application has been accepted by the Planning Department, as provided in this section. A tenant moving in after tentative map application will not be required to be provided with moving expenses. Eligible tenants will receive moving expenses within 14 days after they relocate, except when the tenant has given notice of his or her intent to convert. The subdivides shall also provide each tenant with a list of other comparable rentals available in the city area beginning from the time of tentative map application.

(I) Beginning at a date not less than 60 days prior to the filing of the tentative map, the subdivides or his or her agent shall give notice of the filing in the form outlined in California Government Code § 66452.8(b) to each person applying after the date for rental of a unit prior to acceptance of any rent or deposit. If the subdivides 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 the notice and who does not purchase his or her unit, an amount equal to two times the monthly rent, not to exceed $500, for moving expenses.

(J) At the time of final map approval, all tenant households resident at the time a completed tentative map application was accepted by the Planning Department in which the head of household or spouse is age 60 years or older shall be offered a lifetime lease. Annual rent increases shall not exceed 5%. Starting rents shall be the rent at the time of tentative map application.

(K) At the time of final map approval, all tenant households resident, upon acceptance by the city of a completed tentative map application, which meet the income limits of the Farmers Home Administration, will be considered low and moderate income households and shall be offered, at minimum, a three-year lease. Annual rent increases shall not exceed 5%. Starting rents shall be the rent at the time of tentative map application.

(`61 Code, § 10.4) (Ord. 709, passed 1-18-1983)

(A) In order to reduce the effect of conversions on the city’s housing supply and to minimize the displacement of tenants, the number of conversions shall be limited to no more than 5% of the city’s potentially convertible rental stock in any one calendar year. Conversion applications will be processed in the order that completed applications are submitted. A proposed project that is larger than the permitted number of units in a given year, if approved, will be considered to have used the permitted number for as many future years as necessary.

(B) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

POTENTIALLY CONVERTIBLE RENTAL STOCK. The number of rental units in buildings of four or more units, as determined by the most recent count of business licenses issued for the units, plus any new rental units constructed since, minus any units which have received tentative map approval to convert and demolitions.

(C) Once the yearly limit has been reached, a project may be approved for conversion only if the Planning Commission makes one or more of the following findings:

(1) The development will provide for the construction of new rental housing; and

(2) The need and demand for low cost home ownership to be provided for by this project will outweigh the detriment caused by further reduction of the rental stock, when it is proven by the developer that a rental shortage does not exist.

(`61 Code, § 10.5) (Ord. 709, passed 1-18-1983)

The Planning Commission shall not approve an application for conversion unless the Planning Commission finds that:

(A) All provisions of this chapter are met;

(B) The proposed conversion is consistent with the objectives, policies, general land uses and programs specified in the general plan, along with the housing element; and

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

(`61 Code, § 10.6) (Ord. 709, passed 1-18-1983)