Santa Ana Municipal Code § 34-332 General standards for preexisting buildings

Footnotes:

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Editor's note— Ord. No. NS-2755, § 6, adopted August 6, 2007, changed the title of division 2 from "Conversion Projects" to "Residential Conversion Projects."

In addition to complying with the requirements of division 1, all residential conversion projects must comply with the requirements of this division in order for the final map to be approved.

(Ord. No. NS-2265, § 4, 11-6-95; Ord. No. NS-2755, § 6, 8-6-07)

Except as upgrading requirements are required by this division, the buildings must comply with all requirements of Chapter 8 of this Code and all requirements of state laws and regulations pertaining to building structure and safety under the standards therein made applicable to such preexisting buildings.

(Ord. No. NS-2265, § 4, 11-6-95)

An application for a conversion project shall be accompanied by a conversion plan which sets forth a comprehensive representation and scheduling of the conversion process including but not limited to the following components:

(a) The improvement plan referenced in section 34-362 shall provide for upgrading the complex to the standards then in effect for construction of new buildings, to the extent financially and practically feasible, with regard to the following matters: sound transmission, energy efficiency, open space and landscaping. The improvement plan shall also provide for all existing onsite facilities which are to be retained to be brought into reasonably sound and attractive condition.

(b) Notice of submission of application for public report which includes improvement plans and capital reserves.

(c) Tenant notifications of proposed conversion in compliance with Section 66427.1 of the State Subdivision Map Act.

(d) Phasing plan to reflect unit sales and tenant relocation agreements.

(e) A preliminary report by the building official or his authorized representative, certifying the building to be in compliance with Chapter 8 of the Municipal Code.

(f) A tenant assistance plan conforming to section 34-334(a).

(g) Compliance of the water delivery system with the city's fire flow requirements as applicable to new construction.

(h) Compliance with the building security regulations set forth in Chapter 8, Article II, Division 3 of this Code as applicable to new buildings.

(Ord. No. NS-2265, § 4, 11-6-95)

(a) A tenant assistance plan must contain the following components:

(1) A listing of tenants by name and apartment address.

(2) A schedule of rents for each unit showing any changes occurring in the previous six-month period.

(3) A statement of method by which tenants will be assisted by the subdivider or his agents in finding comparable replacement rental housing within the area of the conversion.

(4) A statement of the method by which the subdivider will comply with the requirements of Section 66427.1 of the State Subdivision Map Act. Such method must provide that no tenant shall be required to move from his or her apartment due to the proposed conversion until the expiration of the two-month period for exercise by the tenant of his or her right of first refusal pursuant to Section 66427.1(b) of the State Subdivision Map Act. Said two-month period shall not commence as to any tenant until such tenant has received written notification of issuance of the final public report of the department of real estate and such tenant's right to contract for the purchase of his or her unit at a specified purchase price for sixty (60) days following the date of such notification.

(5) A statement of a method by which the subdivider or his agents will reimburse each tenant for costs actually incurred in moving from his apartment due to the planned conversion to a common ownership unit, up to a maximum of two thousand five hundred dollars ($2,500.00) per unit.

(6) A statement of a method by which the subdivider will assure that each tenant who attends, or whose spouse or dependent child attends, or whose spouse or dependent child attends, school at the time that the notice of termination of tenancy (as required by Section 66427.1 of the State Subdivision Map Act) is given, will be granted an extension of tenancy as necessary to permit such person to complete the school year, semester, or quarter (whichever is the minimum school term) as he or she is enrolled in at such time. As used herein, "school" includes any public or private elementary or secondary school, college, community college, university, or vocational school.

(b) No tentative map shall be approved except upon the condition that a secured, written agreement satisfactory to the planning manager be entered into between the city and the subdivider for the benefit of each tenant, by which the subdivider covenants to carry out the terms of a tenant assistance plan, as finally approved by the planning manager. Such agreement must be secured by a bond or bonds by one (1) or more duly authorized corporate sureties in a total amount equal to two thousand five hundred dollars ($2,500.00) multiplied by the number of units, and the total amount of said bond or bonds shall be security for each and every obligation to any tenant undertaken by the subdivider in such agreement.

(c) The security specified in subsection (b) of this section shall not be released except with the consent of the planning manager on behalf of the city. Such consent shall be given upon proof that the conversion has been completed except for partial early releases as hereinafter authorized.

(d) Partial early releases may be granted, not more than once in each six-month period following approval of the final map, upon the submission of proof of entitlement to the planning manager, in proportion to the number of units in which the tenants have either:

(1) Vacated;

(2) Purchased without vacating;

(3) Waived their rights.

(e) The rights of a tenant pursuant to the contract executed pursuant to subsection (b) of this section shall not apply if knowingly waived by a tenant as follows:

(1) A written agreement, signed by both the tenant and the subdivider or his agent, is executed by which the specifically described rights are expressly waived in return for such specifically described consideration as may be mutually agreed upon between the parties.

(2) The agreement between the subdivider and the tenant is executed subsequent to the section 34-343 agreement and specifically states that the tenant has read that agreement and is aware of his rights thereunder.

(3) A copy of the executed agreement is promptly filed with the planning manager.

(f) The subdivider or his agent shall file an affidavit or declaration under penalty of perjury including the following:

(1) A current listing of tenants and rents for each unit.

(2) A listing of special agreements pursuant to subsection (e) of this section or a statement that no such agreements have been executed.

(3) An explanation of rent increases occurring since the filing of the tentative map, or a statement that no such increases have occurred.

(4) A listing and explanation of any termination of tenancies for reasons other than the conversion, or a statement that no such terminations have occurred.

(5) A statement of the time and manner in which notice of the conversion was given or will be given pursuant to Section 66427.1(a) of the State Subdivision Map Act, and in which notice of a right of first refusal has been given or will be given pursuant to Section 66427.1(b) of said act.

(g) The findings required by Section 66427.1 of the State Subdivision Map Act shall not be made if, based on the subdivider's declaration and such other evidence as may be presented to the council, the council determines that the subdivider or his agents has engaged in any pattern or practice designed to avoid his obligation to the tenants under said section.

(h) Tenant listings as required under this division shall include all persons, other than dependent children, shown on any lease, rental agreement, or other evidence of rental occupancy customarily maintained for the apartment building, as an occupant for rent as of the date of filing of the tentative map or thereafter, except that no person who acquires such occupancy after approval of the final map with knowledge that his occupancy will be terminated because of the conversion to condominiums shall be considered a tenant for purposes of this division or any tenant assistance plan. Discharge by the subdivider or his agent of any obligation pursuant to this division as to any such listed tenant shall constitute discharge of such obligation to all persons concurrently residing in the same unit, unless otherwise provided in the agreement executed pursuant to subsection (b) of this section.

(Ord. No. NS-2265, § 4, 11-6-95)

An application for a conversion project shall be accompanied by a management plan which sets forth a comprehensive representation of the project governance process, including but not limited to the following components:

(a) A maintenance plan which includes a long-term project maintenance schedule and operations standards.

(b) Draft CC&R provisions setting forth the rules of project governance and management, including the establishment of a board of directors (duties, powers, election and replacement).

(c) A statement governing the management of vacant and/or unsold units.

(d) A current structural pest control inspection report issued by a licensed structural pest control operator, showing the subject premises to be free of evidence of termite, dry-rot, fungi and/or damage therefrom. Such a report shall be deemed current for a period of not more than ninety (90) days following the date of inspection.

(Ord. No. NS-2265, § 4, 11-6-95)

(a) A tentative map may be denied if it is determined that the conversion project, although otherwise in compliance with the requirements of this chapter and Chapter 41, would nevertheless be detrimental to the welfare of future residents of the project or to surrounding property or to the public generally. The evaluation of such projects should be based upon the following criteria:

(1) Completeness and quality of the submitted conversion/management plans.

(2) Compliance with current development standards in this chapter and Chapter 41.

(3) Community need for larger number of bedroom units.

(4) Reservation of twenty (20) percent affordable units within the conversion proposal.

(5) Exceeding code requirements by providing project amenities.

(6) Determination that vacancy rates are below the guidelines set forth in the General Plan.

(Ord. No. NS-2265, § 4, 11-6-95)

(a) All conversion projects must provide off-street parking spaces in accordance with the current standards in Chapter 41 of this Code, except as specified in this section.

(b) A parking waiver may only be considered if a finding can be made that strict compliance with the parking requirement will not benefit the site and its surrounding area. The applicant must indicate how the project will operate adequately without complying with the parking requirement. This assessment must be based on a fully occupied project.

(c) Parking waivers shall be granted by the planning commission, subject to appeal by any interested person to the city council and subject to review and modification by the council on its own initiative. The procedural, public hearing and administrative fee requirements for a parking waiver shall be the same as those for a variance as set forth in Chapter 41 of this Code.

(d) Any application for a parking waiver shall be filed and decided prior to the filing of the tentative map.

(Ord. No. NS-2265, § 4, 11-6-95)