San Ramon Municipal Code Ch. VII Condominium Conversions

Contents: C5-95. - Purpose. C5-96. - Applicability. C5-97. - Condominium conversion application waiver. C5-98. - Residential condominium conversion project defined. C5-99. - Permitting authority. C5-100. - General requirements. C5-101. - Application requirements. C5-102. - Development standards. C5-103. - Tenant assistance and relocation plan. C5-104. - Administration. C5-105 through C5-109. - Reserved.

In order to provide for the housing needs of all economic segments of the community, the council declares that the purposes of this chapter are as follows: A. To establish criteria for the conversion of 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 rental housing to condominiums by providing procedures for notification and adequate time and assistance for such relocation. C. To provide a reasonable balance of ownership and rental housing in the community and a variety of choices in tenure, type, price, and location of housing. D. To maintain a supply of affordable and market rate rental housing. E. To promote homeownership opportunities and increase the amount of owner-occupied housing affordable to all segments of the community. F. To ensure that converted housing achieves a high degree of appearance, quality, and safety and is consistent with the goals of the city. (Ord. No. 406, § 2, 10-28-2008)

City of San Ramon, CA | Municipal Code 475

The regulations set forth in this chapter shall apply to residential conversion of existing multiple-family residential rental housing to residential condominium, community apartment, and/or stock cooperative projects. Nonresidential condominium conversions are not subject to this chapter, but are regulated as subdivisions under this division. (Ord. No. 406, § 2, 10-28-2008)

An applicant for condominium conversion of four or fewer units may submit a request for waiver or partial wavier of the condominium conversion application requirements. The waiver or partial waiver request shall consist of a detailed letter justifying the need for the waiver and any hardship resulting from strict compliance with the condominium conversion requirements. The waiver request letter shall accompany the map application and associated fees and shall be reviewed and approved by the planning director. Maps approved with a waiver shall be accompanied by findings made by the planning director documenting the hardship. If the application for waiver is denied, all provisions of this chapter relating to condominium conversions shall be applied by the planning director in acting pursuant to C5- 84 upon the subdivision application. (Ord. No. 406, § 2, 10-28-2008)

A. The conversion or subdivision of a multiple-unit residential rental project containing five or more units into a common interest development. B. The conversion or subdivision of a multiple-unit residential rental project containing four or fewer units into a common interest development; for which a condominium conversion application waiver has not been granted by the director. C. The conversion of a previously approved common interest development, in which all or most of the residential units within the development have heretofore been rented, to a project in which the residential units will be sold as individual units, unless the applicant has recorded a final subdivision map, covenants, conditions, and restrictions (CC&R's), or a condominium plan as defined in Civil Code Section 1351(e) with the transfer of at least one ownership interest conforming to the recorded plan. (Ord. No. 406, § 2, 10-28-2008)

A. The planning commission shall hold a public hearing for residential condominium conversion applications of five or more units. B. The planning director shall hold a public hearing for residential condominium conversion applications of less than five units where a waiver request under section C5-97 has been denied. C. The planning director shall be responsible for determining whether a project subject to a residential condominium conversion application and making substantial restorations or modifications shall also be reviewed by the architectural review board for design recommendations. (Ord. No. 406, § 2, 10-28-2008)

All residential condominium conversions in the City of San Ramon shall conform to the following requirements:

City of San Ramon, CA | Municipal Code 476

A. Compliance with the general plan and any other land use plan, policies and guidelines adopted by the City of San Ramon including, but not limited to, the requirements of the San Ramon Housing Element, Zoning Ordinance and adopted specific plans. B. Compliance with this chapter and the Subdivision Map Act. C. Compliance with CEQA requirements. D. Compliance with the California Building Standards Code, City of San Ramon local amendments, and subject to the building permitting process. E. Compliance with the City of San Ramon Inclusionary Housing standards and Policies. (Ord. No. 406, § 2, 10-28-2008)

Applicants shall prepare and submit an application for a residential condominium conversion project to the planning services division containing the submittal information required by the planning director. The director shall determine whether the application is complete. The following items shall be included in the residential condominium conversion application: A. Tentative map application pursuant to Sections C5-42 and C5-43 of this division. B. Physical Elements Report. A report prepared by a registered civil engineer or architect 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 condition of all elements of the property including foundations, structural, electrical, plumbing, utilities, walls, roofs, ceilings, windows, recreational facilities, sound transmission of each building, mechanical equipment, 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 said element was replaced; the approximate date upon which said element will require replacement; the cost of replacing said element; and any variation of the physical condition of said element from the current zoning and from the Uniform Building Code in effect on the date that the last building permit was issued for the subject structure. 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, on each structure and each unit within the structure. 3. A report on soil and geological conditions 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. Reference shall be made to any previous soils reports for the site and a copy submitted with said report. 4. A statement of repairs and improvements necessary to refurbish and restore the project to achieve a high degree of appearance, quality, and safety. C. Tenant Assistance and Relocation Plan. A tenant assistance and relocation plan as required by section C5-103 of this chapter. D. Specific information concerning the characteristics of the project, including, but not limited to, the following: 1. Square footage and number of rooms in each unit. 2. Estimated sales price of units. 3. Name and mailing address of all tenants. City of San Ramon, CA | Municipal Code 477

4. Monthly vacancy rate for each month during preceding two years. E. Economic and demographic information regarding the current tenants as required by the planning director. F. A Declaration of Covenants, Conditions, and Restrictions (CC&Rs) that would be recorded and would apply to each condominium unit within the project. The declaration shall include, but not be limited to, pertinent information regarding the conveyance of units and 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 maintenance, and an indication of appropriate responsibilities for maintenance of all improvements and utility systems for each unit. The city has the right to review and approve the CC&Rs to ensure that: (1) the appropriate conditions of approval are included in them, and (2) those provisions reflecting the city's conditions may not be amended without city approval.

G. Such additional information as deemed necessary by the director to ensure the compliance with this chapter. (Ord. No. 406, § 2, 10-28-2008)

All condominium projects shall conform to the requirements of the residential district in which the project is located. In addition, all projects including conversion of multiple residential structures to condominiums shall conform to the following standards. In granting a residential condominium conversion application, the permitting authority may impose appropriate conditions to assure that projects comply with the standards. A. Overall Design and Site Layout. The project should have a comprehensive and integrated design and site layout, providing its own recreational open space, off-street parking, and amenities for contemporary living. B. Architectural unity and harmony should be achieved both within the project and between the project and the surrounding community so that it does not constitute an adverse disruption to the established fabric of the community. C. Utility Metering. Where feasible, the applicant shall provide separate utility service for each condominium and common facility created. When the director determines that individual utility metering is not feasible, a plan for equitable sharing of communal utilities shall be developed prior to final map approval and included in the CC&Rs. D. Refurbishing and Restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements as required by the planning division shall be refurbished and restored as necessary to achieve a high degree of appearance, quality, and safety. If substantial restoration and/or modification is required, the design plans may be subject to architectural review board review as determined by the director prior to tentative map approval. E. Sound Transmission. The structures shall conform to all interior and exterior sound transmission standards of the California Building Standards Code as amended by the City of San Ramon Municipal Code. In such cases where present standards cannot reasonably be met, the permitting authority may require the applicant to notify potential buyers of the noise deficiency currently existing within these units. F. Building Regulations. The building(s) proposed for conversion and each unit within the building(s) shall conform to the applicable standards of the current Housing Code as defined by the San Ramon Municipal Code. The building and safety division shall, if deemed necessary, inspect the project. Upon completion of inspection, the building official shall identify all items, if any, evidenced by the application or the inspection to be in non-compliance with applicable building City of San Ramon, CA | Municipal Code 478

and housing standards. All such items shall be corrected to the satisfaction of the building official prior to final map approval. (Ord. No. 406, § 2, 10-28-2008)

A. Requirement for a Plan. The applicant shall, as a condition of approval of the residential condominium conversion application, be required to implement a tenant assistance and relocation plan as approved by the advisory agency in conjunction with a final or parcel map. The tenant assistance and relocation plan shall be submitted as part of the residential condominium conversion application and shall indicate the applicant's commitment to provide the tenant benefits required by this section. B. Rent Increase Protection. Upon notification of intent to convert, the tenant's rent shall not be increased during the period between the filing of the tentative map and the tenant's relocation, or the denial, and/or withdrawal of the map, except that rent may increase at an annual rate equivalent to the Bay Area Consumer Price Index. C. Tenant Notification Procedures. The applicant shall provide all mandated notices to tenants (both existing and prospective) required by the Subdivision Map Act and the City of San Ramon, as described more fully below. 1. Notice of Intent to Convert: The applicant shall provide each existing tenant written notification of the intention to convert at least sixty calendar days prior to the filing of the a tentative map. 2. Notice of Application to Department of Real Estate (DRE) for Public Report: The applicant shall provide each existing tenant a minimum of ten calendar days' written notification that the application for a public report has been or will be submitted to the DRE, and that such report will be available on request. 3. Notice of Final Map Approval: The applicant shall provide each existing tenant written notification within ten calendar days of approval of the final map for the proposed conversion. 4. Notice to New Tenants: Beginning at a date not less than sixty calendar days prior to the filing of the a tentative map, the applicant shall provide each prospective tenant written notification of the intention to convert immediately prior to the acceptance of any rent or deposit from the prospective tenant. 5. Tenant's Ninety-Day Exclusive Right to Purchase: The applicant shall provide each existing tenant written notification of an exclusive right to purchase his or her respective unit upon the same (or more favorable) terms and conditions that such unit will be initially offered to the general public. This right would run for a period of at least ninety calendar days from the date of issuance of the public report, unless the tenant gives prior written notice of his or her intention not to exercise the right. 6. Vacation of Units: The applicant shall provide each existing tenant with a minimum of one hundred eighty calendar days' written notification of the intention to convert prior to termination of tenancy due to the proposed conversion. This notice would be in addition to any other notice and termination provisions included in existing leases. D. Extended Leases. 1. All tenant households which, at the time of the initial notice to convert, were headed by: a. A person with a disability as defined in Civil Code Section 54, shall be offered a two-year extended lease from the date of final map approval.

City of San Ramon, CA | Municipal Code 479

b. A person who is age sixty-two or older, shall be offered a two-year extended lease from the date of final map approval. 2. All tenant households with minor children (eighteen years old or younger) shall be offered a six-month extended lease or an extended lease to the end of the school year from the date of final map approval. 3. The aforementioned lease extensions shall be on the same terms and conditions as contained in the lease in effect on the date the notice to convert was given pursuant to Government Code Section 66452.9. E. Tenant Purchase Assistance. In order to facilitate a positive transition for existing tenants and mitigate any potential hardship that could otherwise result, the applicant shall provide the following additional purchase assistance to tenants: 1. Discounts on Purchase of Unit: The applicant shall provide each tenant household living in any unit at the time of the initial notice to convert the following discounts on purchase of that unit or any available unit within the project. All persons lawfully occupying the unit as of the date of the initial notice to convert are considered collectively as one household for purposes of this section: a. An amount equal to at least five percent of the price at which the unit will be offered to the public. b. An additional discount if the tenant chooses to buy the unit in existing condition, the amount to be based on costs of improvements which would otherwise be made in order to offer the unit on the open market. c. A discount equal to fifty dollars for each month in which the tenant has been a resident in the present unit or another unit within the project. 2. Financing Assistance: The applicant shall provide financing assistance to all tenants living in any unit at the time of the initial notice to convert in the form of assisting them to locate financing and completing applications. F. Tenant Relocation Assistance. 1. Moving Expenses: Following tentative map approval the applicant shall provide a moving expense allowance to each unit equal to the amount of one month rent or actual moving costs (not to exceed two months rent) whichever is greater. This per unit allowance shall be paid only to tenants residing in a unit at the time of the initial notice to convert. It shall be paid within fourteen calendar days after the tenant vacates the unit. The applicant shall also provide elderly and/or handicapped tenants an additional amount of up to two thousand dollars per unit, to cover the cost of any necessary interior alterations to their new place of residence to accommodate a tenant's disabilities. 2. Relocation Assistance: For those existing tenants who choose not to purchase a unit, the applicant shall provide direct relocation assistance or work with an experienced company specializing in relocation services in order to actively assist tenants in their search for a comparable replacement rental unit. G. Damages. Any tenant who is injured by an apalicant's failure to comply with this section may file a legal action in a court of competent jurisdiction to seek relief. In addition to any other relief which the court may award, if an applicant fails to pay relocation assistance as required by this section, the injured tenant shall be entitled to damages of triple the amount of the relocation assistance due together with court costs and reasonable attorneys' fees. (Ord. No. 406, § 2, 10-28-2008)

City of San Ramon, CA | Municipal Code 480

A. Findings for Approval or Denial. The planning commission or planning director shall not approve a tentative map application for residential condominium conversion except upon making the following findings in addition to those required under DIVISION C5 for approval of a tentative subdivision map: 1. All provisions of this chapter and Government Code Section 66427.1 have been met. 2. The proposed conversion will not be detrimental to the health, safety, or general welfare of the community and is consistent with the objectives, policies, and programs specified in the San Ramon General Plan, along with applicable specific plans and the San Ramon Housing Element. 3. The overall design and physical condition of the condominium conversion achieves a high degree of appearance, quality, and safety. 4. The proposed conversion will not have an adverse effect on the diversity of housing types available in the city. (Ord. No. 406, § 2, 10-28-2008)

C5-105 through C5-109. - Reserved.