Sierra Madre Municipal Code Ch. 16.36 Condominium Conversions

These condominium regulations are intended to provide criteria and guidelines for condominium conversions as defined herein. The standards includes density, parking, open space, light and air, pedestrian and vehicular traffic circulation and are intended to create condominium projects that are well designed, aesthetically pleasing, compatible with the residential character of the community, of a pleasing and desirable character, to harmonize with adjacent residential use, and so as to maintain a reasonable balance in the supply of rental and ownership dwelling units.

Although these provisions are included in the subdivision title, it shall be deemed, where applicable, that they are also included in the zoning provisions and building code provisions. The city has found that these regulations are consistent with, and necessary to carry out, the goals and objectives of the general plan.

(Ord. 1150 § 2 (part), 1999)

Conversion of existing residential units to condominiums, stock cooperatives, or community apartment projects shall be subject to the following: The approval of a conditional use permit, pursuant to the variances and conditional use permits chapter of the zoning title, shall first be required.

(Ord. 1150 § 2 (part), 1999)

The tentative tract map shall be denied if any of the following findings are made by the city council:

A. That the proposed map is not consistent with applicable general and specific plans;

B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

C. That the site is not physically suitable for the type of development;

D. That the site is not physically suitable for the proposed density of development;

E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat;

F. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;

G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The governing body may approve a map if it finds that alternative easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

(Ord. 1150 § 2 (part), 1999)

Residential condominium conversions shall be permitted only in R-3 zones.

(Ord. 1150 § 2 (part), 1999)

(Ord. No. 1466, § 36, 3-28-23)

Residential condominium conversions shall be prohibited for structures built prior to the adoption of the uniform building codes.

(Ord. 1150 § 2 (part), 1999)

An application for a tentative and final tract map shall be submitted for approval in accordance with established requirements.

(Ord. 1150 § 2 (part), 1999)

Covenants, conditions and restrictions (CC&R's), incorporating the conditional use permit as nonamendable, shall be submitted to the department of planning and community preservation for city attorney review and approval by the planning commission (and city council, if necessary) prior to submittal of the final tract.

(Ord. 1150 § 2 (part), 1999)

(Ord. No. 1466, § 37, 3-28-23)

The developer shall submit a property report describing the age and condition of each of the following elements for each structure situated within the project proposed for conversion: foundations, exterior walls, fire walls, roof, stairways and exits, parking, interior insulation (sound and thermal), exterior insulation (sound and thermal), light and ventilation, plumbing, electrical, heating and air conditioning, fire and earthquake safety provisions, security provisions; development standards of the R-3-13, R-3-20 or R-3-30 multiple family residential zones; and the inspection report of Section 16.36.110. Such report shall be prepared by a licensed civil engineer or an architect registered in California, and shall provide methods and costs for the correction or improvement of any deficiencies noted.

(Ord. 1150 § 2 (part), 1999)

(Ord. No. 1466, § 38, 3-28-23)

The developer shall submit a structural pest report. Such report shall be prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code, relating to written reports on the absence or presence of wood-destroying pests or organisms, and shall provide methods and costs for corrective work for both accessible and nonaccessible areas.

(Ord. 1150 § 2 (part), 1999)

Approval of a certificate of occupancy shall be required for any conversion. Upon receipt of an application for a certificate of occupancy, the building official shall cause an inspection to be made of all buildings and structures in the proposed condominium, community apartment project or stock cooperative. The building official shall prepare an inspection report, identify all items not in conformance with the current city building, electrical, wiring, mechanical and plumbing codes and any additional equipment and facilities he determines to be deteriorated or hazardous. The developer shall repair, replace or add any equipment or facilities determined to be in violation of current city codes to the extent such violations are deteriorated, hazardous, or susceptible to feasible and economic correction. It is the intent hereof that all conversions shall be brought up to substantial compliance with building codes for new construction at the time of conversion.

(Ord. 1150 § 2 (part), 1999)

The developer shall provide a schedule of proposed improvements which shall be made to the project prior to the sale of any condominium units in the project area.

(Ord. 1150 § 2 (part), 1999)

All tenants then occupying the proposed conversion site will be notified of the public hearings before the planning commission and city council. A list of tenants shall be supplied by the applicant. If a permit for conversion is approved, the developer shall provide each tenant a preemptive right in writing (copy to city) to purchase a unit of exclusive occupancy on the same terms of offered for sale to anyone else. Such right shall be irrevocable for a period of ninety days after the commencement of sales or the issuance of the final public report by the real estate commissioner, whichever occurs later. It is recognized that tenants who purchase may be temporarily displaced during construction.

(Ord. 1150 § 2 (part), 1999)

In addition to the requirements of this chapter, no application for a condominium conversion project shall be accepted for any purpose unless the application includes the following:

A. A development plan of the project including:

1. The location, height, gross floor area, and proposed uses for each existing structure to remain and for each proposed new structure;

2. The location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas, and curb cuts, and open storage area;

3. The location, height, and type of materials for walls, fences and trash enclosures;

4. The location of all landscaped areas, the type of landscaping;

5. The location and size of the parking facilities to be used in conjunction with each condominium unit;

6. The location, type and size of all drainage pipes and structures depicted or described to the nearest public drain or watercourse;

7. The location and type or the nearest fire hydrants;

8. The location, type and size of all on-site and adjacent street overhead utility lines;

9. An exterior lighting plan of the project;

10. Existing and proposed exterior elevations;

11. The location and provisions of any unique natural and/or vegetative site features.

B. Copy to Buyers. The original owner shall provide each purchaser with a copy of all reports (in their final, acceptable form) along with the department of real estate white report, prior to said purchaser completing an escrow agreement or other contract to purchase a unit in the project, and said developer shall give the purchaser sufficient time to review said reports. Copies of the reports shall be made available at all times at the sales office and shall be posted as approved by the city.

(Ord. 1150 § 2 (part), 1999)

The subdivider shall compensate tenants for their relocation expenses by payment for a relocation fee of five hundred dollars per dwelling unit to the tenants who relocate from the building to be converted after approval of the tentative map for the conversion project. Said 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 five hundred dollars to said tenants at the time possession of the unit is surrendered to the landlord or subdivider.

(Ord. 1150 § 2 (part), 1999)

A. Written notice of all hearings before the advisory agency or appeals to the city council shall be served by the subdivider, at subdivider's cost and expense, upon residents of each dwelling unit proposed to be included in the conversion project by either mailing a copy of the said notice by certified mail, return receipt requested to each dwelling unit included in the application, or by personal service upon adult resident of each dwelling unit, at least ten days prior to any hearing. Such notices shall include, as a minimum, the following:

1. The date, time, place and purpose of the hearing;

2. That should the conversion project be approved, tenants may be required to vacate the premises;

3. That should the conversion project be approved, the property owner will be required to give all tenants a minimum of one hundred twenty days written notice of intention to convert prior to termination of the tenancy due to the conversion or proposed conversion;

4. That should the conversion project be approved, tenants will have the exclusive first-right to purchase their respective unit, as required by State law;

5. That should the conversion project be approved, tenants in the project on the date of approval displaced due to the conversion, will receive five hundred dollars per dwelling unit no later than the time they surrender possession of the unit to the owner or subdivider.

B. Proof of service of the notices required by this section shall be provided to the advisory agency or city council by affidavit or declaration, along with a copy of the notice served, a list of the tenants' names and the apartment number each occupies and a list of vacant apartment numbers.

(Ord. 1150 § 2 (part), 1999)

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 16.36.150 and 16.36.160.

(Ord. 1150 § 2 (part), 1999)

All such conversions shall be subject to the following, unless excused as a part of the conditional use permit, and the burden shall be on the applicant to show the need for such excuse by applying the same standards as for a conditional use permit under the variances and conditional use permit chapter of the zoning title:

A. Compliance with the requirements of the fire department regarding matters such as fire flow and hydrant location;

B. Each condominium unit shall be provided with:

1. One and one-half parking spaces, of which on the aggregate will provide at least one enclosed space. Units with three or more bedrooms shall require an additional one-half parking space,

2. Tandem parking is prohibited,

3. No use shall be made of any open parking area or access thereto, other than for the parking of vehicles. The CC&R's shall contain such restriction;

C. Plumbing (gas and water) shut-off valves. Separate fullway shut-off valves shall be provided to each dwelling unit;

D. Utility Meters. Each utility that is controlled by and consumed within the dwelling unit shall be separately metered in such a way that the unit owner can be separately billed for its use. Each unit shall have access to its own meter(s) and heater(s) which shall not require entry through another unit. Each unit shall have its own electrical panel, or access thereto for all electrical circuits which serve the unit;

E. Common wall and floor-ceiling assemblies shall be required to conform to the sound insulation performance criteria as required for new buildings to the extent feasible;

F. All permanent mechanical equipment, which is determined to be a source of potential vibration or noise, shall be shock-mounted as determined by the building official;

G. Attic separations shall be installed separating each individual unit with the same sound insulation and security as required for party walls;

H. A separate connection to a common sewer lateral leading to the public sewer shall be provided for each unit to the extent feasible;

I. Such other requirements as are determined as a result of public hearings to be necessary to accomplish the intent and purpose hereof.

(Ord. 1150 § 2 (part), 1999)