Vallejo Municipal Code Ch. 16.613 Condominium Conversion

This chapter establishes requirements for filing and approval of applications for conversion of existing residential or commercial property to a condominium or community apartment project containing five or more units in compliance with the general plan, the California Subdivision Map Act. and Title 15, Subdivisions, of the Vallejo Municipal Code.

A. Condominium Conversion Permit Required. A condominium conversion shall be processed in the same manner as a major use permit in accordance with Chapter 16.606, Minor and Major Use Permits, and subject to Section 16.613.03, Procedures of this chapter.

B. Use, Height, Yard and Other Requirements. Regulations governing the use, building, height, required yards, building separation, signs, off-street parking, and other explicit regulations where applicable and where not governed by the provisions of this chapter shall be those of the district within which the project is located.

C. Separation from Other Structures. The main structures of any condominium project shall be separated from any other main structure by at least ten feet. This distance shall be increased two feet of each story in excess of two.

D. Storage. Each unit shall have at least two hundred cubic feet of enclosed, lockable storage space with minimum dimensions as follows: twenty-five square feet horizontal surface area, three and one-half feet minimum interior dimension.

E. Sound Transmission. Shock-mounting of all permanent mechanical equipment which is a source of structural vibration of structure-borne noise as determined by the building official.

F. Utilities. All units shall be provided with separate gas and electric meters, and provision made for individual shutoff of all utility valves, including water.

G. Traffic. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed. Vehicular entrances and exits shall be carefully located and designed to minimize traffic hazards.

H. Noise Resistance. Common walls and floors between units shall comply with the Uniform Building Code (UBC) provisions governing noise resistance with a maximum impact and Sound Transmission Class (STC) of 50 (45 in field tested) as defined in UBC Standard No. 35-1 and 35-2.

I. Smoke Detectors. Every unit shall be provided with a smoke detector conforming to California Building Code Standards as adopted by the city pursuant to Ordinance No. 1828 N.C. (2d).

J. Fire Walls. Where there is one common attic over more than one unit, the dividing wall between units shall extend all the way to the roof and that attic divider shall be rated for one-hour fire separation.

K. Crime Prevention. All exterior doors shall be solid core type; all sliding glass doors shall be equipped with security devices approved by the police department.

L. Condition of Equipment and Appliances. The developer shall provide a one-year complete warranty to the buyer of each unit, at the close of escrow, on any major appliances that are provided, or shall provide manufacturer's warranties for such items. At such time as the homeowner's association takes over management of the development, the developer shall provide a one-year complete warranty to the association that any pool and pool equipment and any appliances and mechanical equipment to be owned in common by the association is in operable working condition.

M. Condition of Paved Areas. The development shall make any repairs needed so the engineering division of the public works department can certify that any paved areas are in satisfactory condition.

N. Inspection. All units to be under separate ownership or lease after conversion shall be inspected by the city prior to planning commission approval of the application. Separate ownership means a condominium unit where the entire fee is one entity, whether individually, in joint tenancy, or tenancy in common.

O. Building Code Compliance. As a minimum, all conversion projects shall be brought into compliance with the California Building Code as adopted by the city pursuant to Ordinance No. 1828 N.C. (2d).

P. Declarations of Covenants. Project covenants, conditions and restrictions covering the following shall be submitted to the planning division for review and approval:

1. Conveyance of private open space;

2. Conveyance of private storage areas;

3. Assignment and use of required off-street parking;

4. Right of public entry to common areas;

5. Maintenance of common areas and facilities;

6. Utility easements over private streets and other areas;

7. Access for construction, maintenance and repairs;

8. Management contracts;

9. Discrimination;

10. Enforcement.

Q. Other Provisions of this Zoning Code. Chapter 16.504, Landscaping and Chapter 16.508, Off-Street Parking and Loading, regulations shall also apply.

R. Additional Requirements for Residential Condominium Conversions.

1. Open Space. Each residential unit shall have attached open space of a minimum one hundred fifty square feet, except that studio units shall be required to have a minimum of one hundred thirty square feet. A minimum of three hundred square feet per unit of open space other than required setback areas shall be provided. Open space provided for each unit can be credited for up to half the open space required.

2. Laundry Facilities. A laundry area should be provided in each unit, or a common laundry facility shall be provided.

A. Structural Reports Required. Prior to filing a map permitting condominium conversion sales, the following reports shall be submitted for review and approval by the building inspector and development services director:

1. A report from a licensed roofing contractor certifying that the roofs of all structures will last for a period of time specified in the report;

2. A report by a professional engineer or city inspector attesting that the structure of all buildings, pavements, storm drainage facilities and the exterior plumbing, electrical systems and utility and mechanical equipment to be owned in common or as part of individual condominiums are in good serviceable condition;

3. A report by a licensed painting contractor certifying that painting throughout the project is in good condition and that the building exteriors should not require repainting for at least five years;

4. A report by a licensed termite and pest control specialist certifying that all the structures are free of infestation and structural damage. Any and all actual structural damage shall be repaired, or financial provision made for appropriate repair with a specific time period, prior to the approval of final map or properly bonded under the Subdivision Map Act.

B. Application. An application for a residential condominium conversion shall contain the following information:

1. A rental rate history for each type of unit, the monthly vacancy rate, the amount of tenant turnover, and the percentage annual increase in maintenance and taxes. These figures shall cover the preceding two years.

2. A survey showing comparable rental housing within a one-half mile radius of the proposed conversion. This survey is to be used to evaluate the impact of the conversion on tenants who will be displaced. The survey shall include identification of all rental housing in structures of two or more units and the following information regarding such development:

a. Number of units, categorized by bedroom count and rents charged;

b. Vacancies by unit type;

c. Policy on renting to families with children.

3. No application shall be considered unless all the information required by this chapter is provided to the planning division, or the developer files with the planning division an affidavit or declaration showing good cause for failure to provide such information. This affidavit or declaration shall set forth, in detail, all efforts undertaken to discover such information and all reasons why the information cannot be obtained.

4. A list of the names and addresses of the residents of each dwelling unit in the conversion project certified as to accuracy by the developer as of the date of the application.

5. Each of the tenants shall receive from the applicant, written notification of the applicant's intention to convert at least sixty days prior to the filing of a tentative map pursuant to Section 66452 of the Government Code.

6. Certification that the residents of the project have been notified of the proposed conversion in a manner approved by the planning division or a separate stamped, preaddressed envelope to the resident of each unit shall be furnished the city by the developer at the time the developer submits an application. The city shall use such envelopes to notify the residents by mailing a copy of the planning commission agenda and notice to tenants no less than seven days prior to the proposed hearing date. A failure by the city to mail such agenda and notice shall not invalidate any proceedings or action taken by the city under this chapter.

7. All tenants who occupy the property after an application for a permit for conversion has been filed with the city shall be notified by the developer prior to occupancy by such tenant.

8. A copy of the staff report on the application shall be sent to each tenant through certified mail at least three days prior to any action by the planning commission on the project.

C. Effect of Conversion on Housing Stock. In reviewing applications for residential condominium conversion, the planning commission shall consider the following:

1. Whether displacement of the tenants would be detrimental to the health, safety, or general welfare of the community.

2. The role that the structure or project plays in the existing housing rental market. Particular emphasis shall be placed on the evaluation of rental structures to determine if the existing complex is serving low- and moderate-income households. Standard definitions of low and moderate income used by the federal and state governments will be used in the evaluation. Along with other factors, the commission shall consider the following:

a. The number of families on current waiting lists for assisted rental housing programs that operate in Vallejo such as the Section 8, Section 23, and Section 236 programs.

b. The probable income range of tenants living in existing apartments based on the assumption that households should pay between 1/4 th and 1/3 rd of their income for housing. That income range shall be compared with existing income limits for the Section 8 Program to determine whether displaced tenants can be categorized as low and moderate income.

c. The need and demand for lower cost home ownership opportunities which are increased by the conversion of apartments to condominiums.

d. If the planning commission or city council determines that vacancies in the project have been increased for the purpose of preparing the project for conversion, the tentative map and application may be disapproved. In evaluation of the current vacancy level under this paragraph, the increase in rental rates for each unit over the preceding two years and the average monthly vacancy rate for the project over the preceding two years shall be considered.

Applications for approving condominium conversions of historic properties that are listed on the city's historic resources inventory, shall comply with the requirements of this chapter with the following exceptions:

A. New Structures. Any new structures to be constructed on the property in conjunction with the conversion shall meet the provisions of this chapter and the standards of the zoning district in which the project is located. All new construction shall conform to the secretary of the interior's standards for the treatment of historic properties.

B. Open Space. If the open space requirements for condominiums in Section 16.613.02.C, Separation from Other Structures, cannot be met for the project due to site constraints of the historic property, the open space requirement may be reduced or excused. If, in the determination of the director, there is a feasible way to provide open space that would not have a negative impact on the historic integrity of the property by such means as removing non-historic structures, the applicant shall be required to comply with the open space requirement. In no case shall additional units or other structures be allowed at the expense of required open space, with the exception of required covered parking, the merits of which shall be weighed against the merits of providing open space for the project.

C. Storage. If the storage requirement for condominium projects cannot be met without negative impacts to the historic integrity of the property, the storage requirement may be decreased or waived at the determination of the director.

D. Noise Resistance. For historic properties, alternative means and methods may be utilized to satisfy the noise resistance standards of the current California Building Code for condominium conversions subject to the approval of the chief building official and the director.

E. Fire Walls. The State Historic Building Code shall apply to fire protection requirements for condominium conversions of historic properties.

F. Crime Prevention. Original exterior doors on historic properties shall be retained unless the director determines that replacement is necessary. If the original exterior doors have been replaced previously or need to be replaced, exterior doors shall be solid core type, of a design that is approved by the secretary of the architectural heritage and landmarks commission.

G. Building Code Compliance. All historic property conversion projects shall comply with the State Historic Building Code. Exterior changes shall also comply with the secretary of the interior's standards for the treatment of historic properties.

H. Parking. The on-site parking requirement for condominium conversions of historic properties may be relaxed at the discretion of the director if off-site parking in the neighborhood is readily available and the lack of on-site parking for the project would not have a significant impact on neighborhood parking; and

1. The on-site parking requirement cannot be met on the property due to site constraints; or

2. The parking requirement can be met only by utilizing a substantial portion of the required open space.

The planning commission shall make the following findings before approving an application for approval of a condominium conversion:

A. The proposed conversion would not be detrimental to the health, safety or welfare of the community, and that it is consistent with the general plan, housing element, and the housing assistance plan;

B. The overall design and construction of the project meets the standards specified in this chapter.

C. For residential conversions:

1. The proposed conversion will not have an adverse effect on the diversity of housing types available in the city;

2. The proposed conversion will not displace a significant percentage of tenants and delete low-and moderate-income rental units from the city's housing stock, at a time when no equivalent housing is readily available in the city;

D. For historic properties, the proposed conversion would not adversely affect the historic significance of the property and any historic district in which it is located and is in compliance with the secretary of the interior's standards of the treatment of historic properties and the State Historic Building Code.

A. Conveyance of Private Land. Required private open space, storage area and parking spaces shall be described and conveyed in the grant deed as an integral part of the unit. With regard to parking, to the maximum practicable extent the spaces assigned to each unit shall be contiguous. All studio and one-bedroom units shall be assigned one parking space and may rent additional spaces from the association as available. An occupant of a unit with two or more bedrooms may rent one parking space back to the association. All parking spaces, except those specifically designated for recreational vehicles, shall be used solely for the purpose of parking motor vehicles as defined by the California Vehicle Code, and shall not be used for trailers, unmounted campers, boats or similar recreational vehicles.

B. Right of Entry to Common Area. Officers, agents and employees of the city, the county, the state, and the government of the United States, and any department, bureau, or agency thereof, shall have the right of immediate access to all common areas of the project at all times for the purpose of preserving the public health, safety and welfare except in those instances where a common area is accessible only through a private unit.

C. Maintenance of Common Areas and Facilities. Provision shall be made both for annual assessment of the owners for maintenance and special assessments for capital improvements. The amount of the regular annual assessment, and the procedure for its change, shall be specified. The manner in which special assessments may be levied for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common area shall be specified. Both annual and special assessments may be collected on a monthly basis. The remedies which the association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment.

D. Utility Easements over Private Streets and Other Areas. If the condominium project contains private streets, paths, or roadways, provision shall be made for public utility easements over the entire private street, path or roadway network. The planning commission may also require public utility easements adjacent to public streets or over other portions of the project to accommodate fire hydrants, water meters, street furniture, storm drainage, sanitary sewers, water and gas mains, electrical lines and similar public improvements and utilities. The planning commission may also require access routes necessary to assure that fire-fighting equipment can reach and operate efficiently in all areas of the project.

E. Access for Construction, Maintenance or Repairs. Every owner and the association shall have an easement for entry upon a privately-owned unit, where necessary, in connection with construction, maintenance, or repair for the benefit of the common area or the owners of the units in common.

F. Management Contracts. Unless otherwise prohibited by law, or any local, state or federal regulation, the association shall have the right to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three months after the association assumes control of the project, or at the time renegotiate any such contracts.

G. Discrimination. Covenants, conditions and restrictions shall also contain a provision that the sale of any unit shall not be prevented because of the age, sex, or family composition of any potential buyer.

H. Enforcement. There shall be a provision that in addition to the association, the city may enforce the provisions of the declaration.

I. Historic Properties. For historic properties, there shall be a provision that all construction and repairs shall be in compliance with the secretary of the interior's standards for the treatment of historic properties.