Siskiyou County Municipal Code Art. 7 Condominium Conversions

The purpose of this article is:

(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 apartments to condominiums by providing for procedures for notification and adequate time and assistance for such relocation;

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

(d) To insure that converted housing achieves a high degree of appearance, quality, and safety and is consistent with the goals of the County;

(e) To provide a reasonable balance of ownership and rental housing in the County and a variety of choices of tenure, type, price, and location of housing; and

(f) To maintain a supply of rental housing for low-and-moderate income persons.

(§ II, Ord. 87-2, eff. March 12, 1987)

In addition to the requirements and procedures set forth in Articles 3, 4, 5, and 6 of this chapter, conversions of existing multiple-family rental housing to condominiums, community apartments, stock cooperatives, 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 Section 33007.5 of the Health and Safety Code of the State, shall be exempt from such additional requirements.

(§ II Ord. 87-2 eff. March 12, 1987)

A report prepared 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:

(a) 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 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 such element was replaced; the approximate date upon which such element will require replacement; the cost of replacing such element; and any variation of the physical condition of such element from current zoning and from the County Housing Code and County Building Code in effect on the date 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;

(b) A report from a licensed structural pest control operator, approved by the County, on each structure and each unit within the structure;

(c) A report on the soil and the geological conditions regarding the 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 such report; and

(d) A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve a high degree of appearance and safety.

(§ II, Ord. 87-2, eff. March 12, 1987)

The following submittals shall be required:

(a) A declaration of covenants, conditions, and restrictions which would be applied on behalf of any and all owners of the 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 such maintenance, and a description of a provision for the maintenance of all vehicular access areas within the project; an indication of appropriate responsibilities for the maintenance of all utility lines and services for each unit; and a plan for the equitable sharing of communal water metering;

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

(1) The square footage and number of rooms in each unit;

(2) The rental rate history for each type of unit for the previous five (5) years;

(3) The monthly vacancy rate for each month during the preceding two (2) years;

(4) The makeup of the existing tenant households, including the family size, length of residence, age of tenants, and whether receiving Federal or State rent subsidies;

(5) The proposed sale price of the units;

(6) The proposed homeowners' association fee;

(7) The financing available; and

(8) The names and addresses of all tenants.

When the subdivider can demonstrate that such information is not available, the requirement may be modified by the Planning Department;

(c) Signed copies from each tenant of a notice of intent to convert, as specified in Section 10-4.704.1 of this article. The subdivider shall submit evidence that a letter of notification was sent to each tenant for whom a signed copy of such notice is not submitted. This requirement shall be deemed satisfied if such notices comply with the legal requirements for service by mail; and

(d) Any other information which, in the opinion of the Planning Department, will assist in determining whether the proposed project will be consistent with the purposes of this article.

(§ 11, Ord. 87-2, eff. March 12, 1987)

The final form of the physical elements report and other documents shall be as approved by the County. The reports in their acceptable form shall remain on file with the Planning Department for review by interested persons. The report shall be referenced in the subdivision report to the Planning Commission.

(§ 11, Ord. 87-2, eff. March 12, 1987)

Prior to the final map approval, the subdivider shall provide the County with a copy of the proposed budget for the maintenance and operation of common facilities, including needed reserves. The budget shall show the estimated monthly costs to the owner of each unit, projected over a five (5) year period, or such time as is required by the Department of Real Estate of the State. Such budget shall be prepared or reviewed and analyzed by a professional management firm experienced in the management of condominium complexes. The management firm shall submit a statement of professional qualifications.

(§ 11, Ord. 87-2, eff. March 12, 1987)

The subdivider shall provide each purchaser with a copy of all submittals (in their final, acceptable form) required by subsections (a), (b), (c), and (d) of Section 10-4.702.2 of this article, by subsections (a) and (d) of Section 10-4.702.3 of this article, and by Section 10-4.702.5 of this article prior to such purchaser executing any purchase agreement or other contract to purchase a unit in the project, and such developer shall give the purchaser sufficient time to review such information. Copies of the submittals shall be made available at all times at the sales offices and shall be posted at various locations, as approved by the County, at the project site. Copies shall be provided to the homeowners' association upon its formation.

(§ 11, Ord. 87-2, eff. March 12, 1987)

Prior to the tentative map approval, the Planning Commission shall hold a public hearing. Notice of the hearing shall be given as provided in Section 10-4.401.6.1 of Article 4 of this chapter and shall be posted on the property. A copy of any staff report shall be served on each tenant of the subject property at least three (3) days prior to the hearing. For subdivisions of four (4) or fewer parcels, the Planning Commission shall hold the public hearing pursuant to Section 10-4.501.5 of Article 5 of this chapter.

(§ 11, Ord. 87-2, eff. March 12, 1987)

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

(a) The name, address, and telephone number of the homeowners' association;

(b) The actual sales price of the units;

(c) The actual homeowners' association fee;

(d) The number of prior tenants who purchased units; and

(e) The number of units purchased with intent to be used as rentals.

The provisions of Section 10-4.702.7 will expire February 7, 1983, unless reenacted by the Board.

(§ II, Ord. 87-2, eff. March 12, 1987)

To achieve the purpose of this article, the Planning Commission shall require that all condominium conversions conform to the provisions of this Code in effect at the time of the tentative map approval, except as otherwise provided in this article.

All provisions of this Code shall be met and violations corrected prior to the approval of the final or parcel map or, upon the approval of the Planning Department, funds shall be secured as provided in Section 10-4.808 of Article 8 of this chapter to assure the completion of such corrective work. An overall assessment of the building conditions shall be performed by the Code Enforcement Division prior to the 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 insure compliance with the Housing Code shall be required prior to the final map approval.

(§ II, Ord. 87-2, eff. March 12, 1987)

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

(a) Building regulations. The project shall conform to the applicable standards of the County Housing Code and shall be found to be in compliance with the County Building Code, Chapter 1 of Title 9 of this Code, in effect on the date the last building permit was issued for the subject structure or structures, except as provided in this section.

(b) Health and safety.

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

(c) Fire prevention.

(1) Smoke detectors. Each living unit shall be provided with approved detectors of products of combustion, other than heat, conforming to the latest Uniform Building Code Standards, mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes.

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

(d) Sound transmission

(1) Shock mounting of technical equipment. All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which is determined by the Chief Building Inspector 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 Chief Building Inspector.

(2) Noise standards. The structure shall conform to all interior and exterior sound transmission standards of Chapter 35 (Appendix) of the Uniform Building Code and Chapter 1 of Title 9 of this Code. In such cases where present standards cannot reasonably be met, the Planning Commission may require the applicant to notify potential buyers of the noise deficiency currently existing within such units.

(e) Utility metering. Each dwelling unit shall be separately metered for gas and electricity. A plan for the equitable sharing of communal water metering shall be developed prior to the final map approval and included in the covenants, conditions, and restrictions. In such cases where the subdivider can demonstrate that the provisions of this subsection cannot or should not reasonably be met, such provisions may be modified by the Planning Commission.

(f) Private storage space. Each unit shall have at least 200 cubic feet of enclosed weatherproofed and lockable private storage space in addition to the guest, linen, pantry, and clothes closets customarily provided. Such space may be provided in any location approved by the Planning Department but shall not be divided into two (2) or more locations. In such cases where the subdivider can demonstrate that the provisions of this subsection cannot or should not reasonably be met, such provisions may be modified by the Planning Commission.

(g) Laundry facilities. 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 one dryer of equivalent capacity for every five (5) units of three (3) or more bedrooms, every seven (7) two-bedroom units, and every ten (10) one-bedroom units. In such cases where the subdivider can demonstrate that the provisions of this subsection cannot or should not reasonably be met, such provisions may be modified by the Planning Commission.

(h) Landscape maintenance. 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 Planning Commission approval.

(i) Condition of equipment appliances. The developer shall provide a warranty to the buyer of each unit at the close of escrow that any dishwasher, garbage disposal, stove, refrigerator, hot water tank, or air-conditioner which is provided have a useful life of one year. At such time as the homeowners' association takes over the management of the development, the developer shall provide a warranty to the association that any pool and pool equipment (filter, pumps, and chlorinator) and any appliances and mechanical equipment to be owned in common by the association have a useful life of one year. Prior to the final map approval, the developer shall provide the County with a copy of warranty insurance covering the equipment and appliances pursuant to this subsection.

(j) Refurbishing and restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, drive, ways, 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 developer shall provide to the homeowner's association and/or purchaser a one-year warranty on all the physical improvements required by this subsection. If substantial restoration is required, the design plans shall be subject to Design Review Commission approval.

(k) Long term reserves. Prior to the approval of the final map, the developer shall provide evidence to the County that a long term reserve fund for replacement has been established in the name of the Homeowners' Association. Such fund shall equal two (2) times the estimated monthly homeowners' assessment for each dwelling unit.

(§ II Ord. 87-2 eff. March 12, 1987)

As provided in subsection (a) of Section 66427.1 of the Government Code of the State, a notice of intent to convert shall be delivered by the subdivider to each tenant at least sixty (60) days prior to the filing of the tentative map. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. The form of the notice shall be in the form set forth in Section 66452.9 of said Government Code and approved by the Planning Department and will inform the tenants of all rights provided under this article and State laws.

(§ II, Ord. 87-2, eff. March 12, 1987)

As provided in subsection (a) of Section 66427.1 of the Government Code of the State, each tenant shall receive ten (10) days' written notice that an application for a public report will be or has been submitted to the Department of Real Estate of the State and that such report will be available on request. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

(§ II, Ord. 87-2, eff. March 12, 1987)

As provided in subsection (b) of Section 66427.1 of the Government Code of the State, each tenant shall receive written notification within ten (10) days after the approval of a final map for the proposed conversion. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

(§ II, Ord. 87-2, eff. March 12, 1987)

As provided in subsection (d) of Section 66427.1 of the Government Code of the State, any present tenant shall be given notice of an exclusive right to contract for the purchase of his respective unit upon the same terms and conditions that such 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 ninety (90) days after the date of the issuance of the subdivision public report, unless the tenant gives prior written notice of his intention not to exercise the right. Evidence of receipt by each tenant shall be submitted prior to the approval of the final map. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

(§ II, Ord. 87-2, eff. March 12, 1987)

Each tenant not in default under the obligations of the rental agreement or lease under which he occupies his unit shall be given 180 days' written notice of intention to convert his unit prior to the termination of tenancy. The subdivider shall notify each tenant immediately prior to the time of the 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 the approval of the final map. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

(§ II, Ord. 87-2, eff. March 12, 1987)

The rent charged tenants resident when a completed tentative map application was accepted by the Planning Department shall not be increased for two (2) years after such acceptance time until the unit is sold or until the subdivision is denied or withdrawn. At the end of the two (2) year period, rent increases will be limited to the latest annual average percentage increase in the Consumer Price Index, San Francisco-Oakland SMSA. The increase in rent on a unit which has been vacated after the receipt of the application by the Planning Department shall be limited to the latest annual average percentage increase in the Consumer Price Index, San Francisco-Oakland SMSA.

(§ II, Ord. 87-2, eff. March 12, 1987)

Any non-purchasing tenant who is handicapped or has minor children in school or is age sixty (60) years 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 (6) months in which to find suitable replacement housing.

(§ II Ord. 87.2 eff. March 12, 1987)

The subdivider shall provide moving expenses of two (2) times the monthly rent 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 pro vided in this section.

A tenant moving in after the tentative map application will not be required to be provided with moving expenses. Eligible tenants will receive moving expenses within fourteen (14) days after they relocate, except when the tenant has given notice of his intent to move prior to the receipt of notification from the subdivider of his intent to convert. The subdivider shall also provide each tenant with a monthly list of other rentals available in the County area beginning from the time of the tentative map application until each tenant relocates or decides to purchase a unit.

(§ II Ord. 87.2 eff. March 12, 1987)

Beginning at a date not less than sixty (60) days prior to the filing of the tentative map, the subdivider or his agent shall give notice of such filing in the form outlined in subsection (b) of Section 66452.8 of the Government Code of the State to each person applying after such date for the rental of a unit prior to the acceptance of any rent or deposit. If the subdivider or his agent fails to give notice pursuant to this section, he shall pay to each prospective tenant who becomes a tenant and who was entitled to such notice and who does not purchase his unit an amount equal to two (2) times the monthly rent for moving expenses.

(§ II, Ord. 87-2, eff. March 12, 1987)

At the time of the 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 the household or spouse is age sixty (60) years or older shall be offered a lifetime lease. Annual rent increases shall not exceed seventy-five (75%) percent of the latest annual average percentage increase of the Residential Rent Component of the Consumer Price Index, San Francisco-Oakland SMSA. Tenants shall be informed of the change in said index at the time rent increases are imposed. Starting rents shall be the rent at the time of the tentative map application. Lease forms shall be submitted to the Planning Department for review prior to the final map approval.

(§ II, Ord. 87-2, eff. March 12, 1987)

At the time of the final map approval, all tenant households resident upon acceptance by the County of a completed tentative map application, which meet the income limits of the HUD Section 8 program, will be considered low-and-moderate income households and shall be offered, at a minimum, a three (3) year lease. Annual rent increases shall not exceed seventy-five (75%) percent of the latest annual average percentage increase of the Residential Rent Component of the Consumer Price Index, San Francisco Oakland SMSA. Tenants shall be informed of the change in said index at the time rent increases are imposed. Starting rents shall be the rent at the time of the tentative map application. Lease forms shall be submitted to the Planning Department for review prior to the final map approval. § II, Ord. 87-2, eff. March 12, 1987)

In order to reduce the effect of conversions on the County's housing supply and to minimize the displacement of tenants, the number of conversions shall be limited to no more than five (5%) percent of the County's potentially convertible rental stock in any one calendar year.

Conversion applications will be processed in the order completed applications are submitted. A proposed project which 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. The potentially convertible rental stock will be defined as follows: the number of rental units in buildings of two (2) or more units, as determined by the most recent census, plus any new rental units constructed since the census, minus any units which have received tentative map approval to convert since the census.

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:

(a) The developer will provide for a significant increase in housing for low-and-moderate income households or senior citizen households over and above the provisions of this article.

(b) The developer will provide for the construction of new rental housing.

(c) The developer will donate an acceptable site or an acceptable amount of funds to the County for the construction of new rental or senior citizen housing.

(d) The need and demand for low cost home ownership to be provided for by the project will outweigh the detriment caused by further reduction of the rental stock.

(§ II, Ord. 87-2, eff. March 12, 1987)

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

(a) All provisions of this article are met;

(b) The proposed conversion is consistent with the objectives, policies, general land uses, and programs specified in the General Plan, along with applicable Specific Plans and the Siskiyou County Housing Element,

(c) The proposed conversion will conform to the provisions of this Code in effect at the time of the tentative map approval, except as otherwise provided in this article;

(d) The overall design and physical condition of the condominium conversion achieves a high degree of appearance, quality, and safety;

(e) The proposed project will not convert during the current calendar year more than five (5%) percent of the potentially convertible rental units in the County for the current calendar year, except as otherwise provided in this article; and

(f) Vacancies in the project have not been intentionally increased for the purpose of preparing the project for conversion.

(§ II, Ord. 87-2, eff. March 12, 1987)