Chapter 15.22 — CONDOMINIUMS, COMMUNITY APARTMENTS AND STOCK COOPERATIVES

The purpose of Section 15.22.010 through Section 15.22.070, inclusive, is to establish regulations and procedures for subdivisions for condominiums, community apartments and stock cooperatives.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

A map of a condominium project, a community apartment project, or of the conversion of five or more existing dwelling units to a stock cooperative project need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided, nor shall the planning commission or city council have the right to refuse approval of a parcel, tentative or final map of such a project on account of design or location of buildings on the property shown on the map not violative of the zoning ordinance, building codes, or this title or on account of the manner in which airspace is to be divided in conveying the condominium. Fees and lot design requirements shall be computed and imposed with respect to such maps on the basis of parcels or lots of the surface of the land shown thereon as included in the project.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

The city council shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it finds all the following:

A.

Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has received, pursuant to Government Code Section 66452.9, written notification of intention to convert at least sixty days prior to the filing of a tentative map. There shall be a further finding that each such tenant, and each person applying for the rental of a unit in such residential real property, has, or will have, received all applicable notices and rights now or hereafter required by this title. In addition, a finding shall be made that each tenant has received ten days' written notification that an application for a public report will be, or has been, submitted to the department of real estate, and that such report will be available on request. The written notices to tenants required by this subdivision shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

B.

Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given written notification within ten days of approval of a final map for the proposed condominium.

C.

Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given one hundred eighty days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of service, payment of rent or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code.

D.

Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given notice of an exclusive right to contract for the purchase of his or her 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 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right.

E.

This section shall not diminish, limit or expand, other than as provided herein, the authority of the planning commission and the city council to approve or disapprove condominium projects.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.22.040 - Additional notice to tenants and prospective tenants.

In addition to Section 15.22.030, the subdivider shall give notice to tenants and prospective tenants pursuant to all relevant provisions of the Subdivision Map Act.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.22.050 - Required vote by owners to convert stock cooperative or community apartment project to condominiums.

A stock cooperative, as defined in Section 11003.2 of the Business and Professions Code, or a community apartment project, as defined in Section 11004 of the Business and Professions Code, shall not be converted to a condominium, as defined in Section 783 of the Civil Code, unless the required number of owners in the cooperative or project, as specified in the bylaws, or other organizational documents, have voted in favor of such conversion. If the bylaws or other organizational documents do not expressly specify the number of votes required to approve such a conversion, a majority vote of the owners in the cooperative or project shall be required.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.22.060 - Agreement to make proposed condominium initially available as rental housing.

A.

Notwithstanding any other provision of this title, the planning commission and/or city council may upon application by a subdivider, in connection with the approval of a tentative or final map for the proposed construction of a condominium development, which requires the obtaining of a tentative or final map under provisions of this division or local ordinances enacted pursuant thereto, enter into a binding agreement with the subdivider mandating that the units be first made available for rental housing for a period of not less than ten-years from the date a certificate of occupancy has been issued for the units within the development; provided that:

At the expiration of the ten-year period the units within the development may be sold to individual purchasers, in accordance with the approved final map authorizing the development without further proceedings under the provisions of this title; and

2.

Except as otherwise provided in subsection (B), during the period the units are required to be made available for rental purposes, the units are insured or are to be insured or co-insured pursuant to the provisions of Chapter 4 (commencing with Section 51850) of Part 4 of Division 31 of the Health and Safety Code; and

3.

Each tenant of a unit within the development shall be given one hundred eighty days' written notice prior to actual conversion. Such notice shall include an offer of an exclusive right to contract for his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or on terms more favorable to the tenant. The right shall run for a period of not less than ninety days from the date written notice of actual conversion was sent to the tenant.

B.

Any such agreement shall be in writing, particularly describe the real property and set forth the name or names of the record title owner of the real property affected thereby, and be executed by the person authorized to act on behalf of the local agency and by the subdivider. From the date of execution of the agreement, it shall be binding upon the city, the subdivider, and their successor. The fact that a condominium development is subject to such an agreement shall be set forth on the face of any tentative or final map approved by the city council and the agreement shall be recorded in the office of the Solano County recorder on or before the date of recordation of the final map.

C.

Multifamily rental housing financed on or after January 1, 1983, with the proceeds of sale of tax-exempt bonds sold pursuant to any laws of California shall not be subject to requirements of Section 15.22.060(A) (2), but shall be subject to all the requirements of the law pursuant to which the bonds are being issued, including but not limited to, any requirement in such law that the housing be maintained as rental housing for a period in excess of ten years.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.22.070 - Exceptions to grounds for denial of tentative map for conversion of existing buildings.

Unless the general plan or any applicable specific plans contain definite objectives and policies specifically directed to the conversion of existing buildings into condominium projects or stock cooperatives, the provisions of Sections 15.08.050 and 15.08.060 shall not apply to condominium projects or stock cooperatives, which consist of the subdivision airspace in an existing structure, unless new units are to be constructed or added.

The planning commission and city council acting pursuant to this section shall approve or disapprove the conversion of an existing building to a stock cooperative within one hundred twenty days following receipt of a completed application for approval of such conversion. This section shall not diminish, limit, or expand, other than as provided herein, the authority of the planning commission and city council to approve or disapprove condominium projects.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

Chapter 15.24 - RESERVED

Secs. 15.24.010—15.24.090. - Reserved.

Editor's note— Ord. No. 1632 N.C.(2d), § 1, adopted Feb. 23, 2010, repealed ch. 15.24. Former ch. 15.24, §§ 15.24.010—15.24.090, pertained to conversions of mobile home parks to resident ownership and derived from Ord. No. 1615 N.C.(2d), §§ 1—9, adopted in 2008.