Chapter 24.425

RESIDENTIAL CONDOMINIUM CONVERSION REGULATIONS

Sections:

• 24.425.010 Chapter Description.

• 24.425.020 Applicability.

• 24.425.030 Planned Development Permit Required.

• 24.425.040 Regulations.

• 24.425.050 Application Requirements.

• 24.425.060 Notice to Tenants.

• 24.425.070 Required Findings.

• 24.425.080 Permit Approval.

• 24.425.090 Notice of Approval.

• 24.425.100 Denial of Conversion.

• 24.425.110 Coastal Zone Requirements.

Chapter 24.425 establishes the residential condominium regulations to regulate development in a manner that provides a variety of housing types and neighborhoods for residents, both renters and owners. Residential condominium projects, residential condominium conversion projects, and conversions of rental mobile home parks to condominium ownership provide for individual ownership of separate dwelling units which are usually in close proximity to one another. A typical characteristic of such projects is a substantial common area which is managed and maintained by the individual owners of dwelling units through a homeowners’ association and covenants, conditions, and restrictions (CC&Rs). This type of ownership, which mixes individual ownership and ownership in common, among other things, can magnify’ the impact upon the public health, safety, welfare, convenience, and economic well-being of the larger community if conditions of poor land use and site planning, mismanagement, neglect and blight are allowed to occur. The regulations in this chapter are intended to minimize such impacts while providing opportunities for first-time buyers, senior citizens, and lower-income households to purchase their own homes. (Code 1971, § 15.625.010)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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The provisions of this chapter shall apply to all proposed residential condominium conversions. (Code 1971, § 15.625.020)

All residential condominium conversion projects shall require a planned development permit as provided in chapter 24.525. (Code 1971, § 15.625.030)

All residential condominium conversion projects, including conversion of rental mobile home parks to ownership status (i.e., individual ownership of underlying, lots or other shared ownership of lots or common facilities) shall require a planned development permit as provided in chapter 24.525. The term “conversion of a mobile home park to ownership status” shall mean and include, by way of example but without limitation, any and all ownership changes by which an existing traditional mobile home park, wherein tenants own their individual units but rent spaces or lots within the park, is changed to a situation wherein tenants own, individually or in common, their individual underlying lots or spaces or common facilities within the park. (Code 1971, § 15.625.040)

In addition to such other application requirements as may be established, no application for a planned development permit for a residential condominium conversion project, or for conversion of a rental mobile home park to condominium-type ownership, shall be deemed complete and acceptable for processing unless the application includes the following:

1. A certified list of the names and addresses of all tenants residing in the project proposed to be converted, complete as of the time the application is filed.

2. A list of each tenant known to have children 18 years of age or younger residing in the project.

3. A list of each tenant residing within the project known to be 62 years of age or older.

4. Current rents for each unit.

5. Approximate proposed price for which each unit would be sold.

6. The pro forma budget proposed to be submitted to the state department of real estate or a similar estimate of projected annual operating expenses for the project after conversion and proposed level of maintenance fees or assessments to be borne by the individual unit owners.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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7. A property report prepared by a state-licensed civil engineer, architect or other qualified person approved by the building official. The report shall describe, in detail, the condition and the useful life of the roof, foundations, mechanical, electrical, plumbing, energy conservation, and structural elements of all existing permanent buildings on the property.

8. A structural pest report for all existing permanent buildings on the property, prepared by a state-licensed pest control operator.

9. An acoustical report for all existing permanent residential buildings on the property which indicates the type of construction of existing walls and ceilings and noise attenuation characteristics of such construction. The test data shall include a sampling of at least ten percent of the dwelling units involved, but in no case fewer than two dwelling units. The reports shall include recommended methods of compliance with the noise insulation standards of the California Administrative Code Title 24, Part 2, Chapter 2035, and shall be prepared by a person experienced in the field of acoustical engineering.

10. The location and nature of all existing onsite fire protection equipment, including but not limited to, fire hydrants, stand pipes, fire sprinkler systems, and fire extinguishers shall be indicated on the plans submitted pursuant to chapter 24.525. (Code 1971, § 15.625.050)

All tenants residing in the project proposed to be converted shall be notified of the proposed conversion by the applicant in accordance with the requirements of the Subdivision Map Act. In addition, written notices shall be mailed by the city to all tenants residing in the project proposed to be converted not less than ten days prior to the hearing on the planned development permit. Such notice shall specify the following:

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

2. That should the planned development permit be approved, tenants may be required to vacate the premises.

3. That should the planned development permit be approved, the property owner shall be required to give all tenants a minimum of 180 days notice to vacate; and that such notice shall not restrict the exercise of lawful remedies pertaining to, but not limited to, tenants’ defaults in the payment of rents or the defacing or destruction of all or part of the rented premises. (Code 1971, § 15.625.060)

A. In addition to those findings required for planned development permits by chapter 24.525, and prior to approving any residential condominium conversion project, other than conversions of rental mobile home parks to ownership status, the decision-making authority must make either all of the findings in paragraph 1. of this subsection or all of the findings in paragraph 2. of this subsection A. as follows:

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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1. That the proposed conversion will not adversely affect supply and availability of rental housing within the city or within a specific area in the city. This finding must be based upon a determination that:

   • a. The current vacancy rate for rental units within the city or within the specific area of the proposed conversion is not less than five percent, as determined by the most recent planning division survey or other reliable vacancy rate data acceptable to the city; and

b. If the project proposed to be converted is designed for families with children, or includes three and/ or four bedroom units, the vacancy rates for these types of units within the city or within the specific area of the proposed conversion is not less than five percent, as determined by the most recent planning division survey or other reliable vacancy rate data acceptable to the city.

2. That mitigating circumstances exist which justify approval of the conversion when the applicable vacancy rate is lower than five percent. In addition to other mitigating circumstances that must be found, this determination must also be based on at least one of the following two findings:

• a. That new rental units will be constructed by the applicant which will replace those to be converted. The number of replacement units shall equal or exceed the number of units proposed to be converted. Replacement units shall be completed and occupancy permits issued prior to recordation of the final map for the conversion; or

• b. That the conversion will help meet other city housing goals by providing a substantial percentage of its units at prices affordable to low and moderate income households in a manner consistent with the comprehensive plan, and provision of such housing opportunities outweighs any loss of rental units.

B. In addition to those findings required by chapter 24.525 and subsection A. of this section, and prior to approving conversion of a rental mobile home park to ownership status, the decision-making authority must also find that the proposed mobile home park conversion will not adversely affect the supply and availability of rental mobile home spaces in the city, or within a specified area in the city. (Code 1971, § 15.625.070)

A. Unless otherwise provided in the planned development permit, all such permits authorizing residential condominium conversion projects, except for conversions of rental mobile home parks to ownership status, shall be subject to all of the following conditions, which shall be in addition to such other conditions deemed necessary or desirable by the decision-making authority.

1. The applicant shall provide relocation assistance equal to 1 1/2 times the monthly rent to any tenant household living in any unit at any time prior to tentative map approval, provided such tenant is not otherwise in default of the rental agreement. If the tenant elects to purchase a unit, such relocation assistance shall be applied to the cost of the unit.

2. The applicant shall offer a lifetime lease to households in which the head of household or spouse is 62 years of age or older at the time of the final map approval. Reasonable annual rent increases shall be

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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allowed, but shall not exceed the increase in the housing component of the Los Angeles-Long Beach Area Consumer Price Index, or any successor index designed to determine general increases in housing costs, for the preceding 12-month period. Provisions setting forth this limitation on rent increases shall be incorporated into such lease. The applicant shall provide evidence that such offer has been made to all eligible tenants prior to filing for approval of the final subdivision map.

3. The applicant shall enter into leases, in a form approved by the city, within 30 days after final approval of the sale of units by the State of California with all tenants to whom offers of leases have been required who desire to remain as tenants pursuant to such lease.

4. The applicant shall provide alternate housing to tenant households at no additional cost to the tenant where substantial remodeling or rehabilitation occurs during conversion, and the unit being remodeled or rehabilitated is not habitable. The final determination of habitability shall be made by the building official.

5. The applicant shall submit to the building official for review and approval a complete set of plans and specifications detailing the necessary repair and upgrading required by the property report, inspection report, pest report, and acoustical report, for any new construction.

6. The applicant shall submit to the building official for review and approval a construction phasing plan providing for safe pedestrian access, lighting, and site conditions for those buildings and areas which will be occupied, and used during the construction or repair. A work schedule indicating hours of construction activity, type of equipment to be used along with any proposed noise control, and a list of units which will be uninhabitable during construction, shall also be submitted to the building official.

r safe pedestrian access, lighting, and site conditions for those buildings and areas which will be occupied, and used during the construction or repair. A work schedule indicating hours of construction activity, type of equipment to be used along with any proposed noise control, and a list of units which will be uninhabitable during construction, shall also be submitted to the building official.

7. The applicant shall request and receive inspection of individual dwelling units from the city’s division of building and safety. Such notice of request for inspection shall be given in a timely and efficient manner. The division of building and safety shall identify any existing substandard conditions, and notify the applicant of action required to rectify such substandard conditions.

8. The applicant shall submit a statement, signed by a person experienced in the field of acoustical engineering, certifying that the converted units conform to the noise insulation standards of California Administrative Code Title 24, Part 2, Chapter 2035.

9. The applicant shall provide a reasonable degree of onsite fire protection, as determined by the fire chief. Such protection shall include, but shall not be limited to, water supply, fire hydrant location, stand pipe’s, and smoke detectors.

10. The applicant shall submit, prior to filing for approval of the final subdivision map, verification of compliance with the San Buenaventura Building Code, relating to smoke detector requirements.

B. Unless otherwise stated in the planned development permit, all such permits allowing conversions of rental mobile home parks to condominium-type ownership shall be subject to all of the following conditions, which shall be in addition to such other conditions deemed necessary by the planning commission or city council.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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1. The applicant shall provide relocation assistance in an amount equal to the actual cost of moving up to a maximum of $750.00. In addition, utility connection fees shall be paid by the developer in an amount equal to the actual costs up to a maximum of $100.00. If the tenant elects to purchase a lot, such relocation assistance shall be applied to the cost of the lot. The city council may, by separate resolution, periodically adjust the maximum amount set forth in this subsection to reflect increases in costs.

of $750.00. In addition, utility connection fees shall be paid by the developer in an amount equal to the actual costs up to a maximum of $100.00. If the tenant elects to purchase a lot, such relocation assistance shall be applied to the cost of the lot. The city council may, by separate resolution, periodically adjust the maximum amount set forth in this subsection to reflect increases in costs.

2. The applicant shall offer a lifetime lease to households in which the head of household or spouse is 62 years of age or older at the time of the final approval. Reasonable annual rent increases shall be permitted but shall not exceed the increase in the housing component of the Los Angeles-Long Beach Area Consumer Price Index, or any successor index designed to determine general increases in housing costs, for the preceding 12-month period provided further that should any rent stabilization laws be in effect, rental increases shall be no greater than the lesser of the amount permitted under the Consumer Price Index method or the rent stabilization law. Provisions setting forth this limitation on rent increases shall be incorporated into the lease. The applicant shall provide evidence that such offer has been made to all eligible tenants prior to filing for approval of the final subdivision map.

3. The applicant shall enter into leases, in a form approved by the city, within 30 days after final approval of the sale of units by the State of California with all tenants to whom offers of leases have been required who desire to remain as tenants pursuant to such lease.

4. The applicant shall provide a reasonable degree of onsite fire protection, as determined by the fire chief. Such protection will include, but not be limited to, water supply, fire hydrant location, stand pipes and smoke detectors.

5. The applicant shall submit, prior to filing for approval of the final subdivision map, verification of compliance with the San Buenaventura Building Code, relating to smoke detector requirements. (Code 1971, § 15.625.080)

Written notices shall be mailed to all tenants residing in the project within ten days after the approval of any planned development permit allowing a residential condominium conversion project including conversion of a rental mobile home park to condominium-type ownership. Such notice shall state all of the conditions of approval of the planned development permit. (Code 1971, § 15.625.090)

It shall be against the public policy set forth in this chapter to attempt to evade its provisions by coercing the waiver of any rights or privileges created or protected herein.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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1. Coercion. The planning commission and city council may deny any proposed conversion where there is substantial or creditable evidence that tenants have been coerced to publicly support or approve a proposed conversion, or to refrain from publicly opposing it, or to forego any assistance to which they may be entitled.

2. Waiver of Rights. Any provision of a lease or rental agreement which purports directly or indirectly to waive or require waiver of a tenant’s rights under this chapter or which requires prior consent to the conversion of the apartment building, apartment complex, or mobile home park to condominium ownership shall be null, void, and unenforceable. (Code 1971, § 15.625.100)

A. Limited Use Overnight Visitor Accommodation Restrictions. Timeshares, condominium hotels, fractional ownership hotels and other such uses are considered limited overnight visitor accommodations and subject to the specific regulations in Section 24.310.050. (Ord. No. 2010-014, § 3 (Exh. A), 11-22-10)