10-1.702 Requirements and Procedures. — Walnut Creek Zoning Code

General. In addition to the requirements and procedures as set forth by 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, shall be exempt from these additional requirements.
Physical Elements Report. 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 said element was replaced; the approximate date upon which said element will require replacement; the cost of replacing said element; and any variation of the physical condition of said element from the current zoning and from the City Housing Code and City Building Code in effect on the date that 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 City, on each structure and each unit within the structure.

c. A report on soil and geological conditions regarding 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 said report.

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.

3. Additional Submittals.

The subdivider shall also submit the following with the tentative subdivision or parcel map:

a. A Declaration of Covenants, Conditions and Restrictions which would be applied on behalf of any and all owners of 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; description of a provision for maintenance of all vehicular access areas within the project; an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit; a plan for equitable sharing of communal water metering.

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

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

(2) Rental rate history for each type of unit for previous five years;

(3) Monthly vacancy rate for each month during preceding two years;

(4) Makeup of existing tenant households, including family size, length of residence, age of tenants, and whether receiving federal or state rent subsidies;

(5) Proposed sale price of units;

(6) Proposed Homeowners' Association fee;

(7) Financing available; and

(8) Names and addresses of all tenants.

When the subdivider can demonstrate that such information is not available, this requirement may be modified by the Community Development Department.

c. Signed copies from each tenant of Notice of Intent to Convert, as specified in Section 10-1.704.1. The subdivider shall submit evidence that a letter of notification was sent to each tenant for whom a signed copy of said notice is not submitted. This requirement shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

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

Acceptance of Reports. The final form of the Physical Elements Report and other documents shall be as approved by the City. The reports in their acceptable form shall remain on file with the Community Development Department for review by any interested persons. The report shall be referenced in the subdivision report to the Planning Commission.
Submittal of Budget. Prior to final map approval, the subdivider shall provide the City with a copy of the proposed budget for maintenance and operation of common facilities including needed reserves. The budget shall show 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. Such budget shall be prepared or reviewed and analyzed by a professional management firm, experienced with management of condominium complexes. The management firm shall submit a statement of professional qualifications.

ves. The budget shall show 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. Such budget shall be prepared or reviewed and analyzed by a professional management firm, experienced with management of condominium complexes. The management firm shall submit a statement of professional qualifications.

Copy to Buyers. The subdivider shall provide each purchaser with a copy of all submittals (in their final, acceptable form) required by Sections 10-1.702.2.a, b, c, d, 10-1.702.3. a, and d, and 10-1.702.5 prior to said purchaser executing any purchase agreement or other contract to purchase a unit in the project, and said developer shall give the purchaser sufficient time to review said information. Copies of the submittals shall be made available at all times at the sales office and shall be posted at various locations, as approved by the City, at the project site. Copies shall be provided to the Homeowners' Association upon its formation.
Final Information Submitted. Prior to the close of escrow, the subdivider shall submit the following information to the Community Development Department:

a. Name, address and phone number of Homeowners' Association;

b. Actual sale price of units;
c. Actual Homeowners' Association fee;
d. Number of prior tenants who purchased units; and
e. Number of units purchased with intent to be used as rentals.

(§1, Ord. 1603, eff. September 13, 1984)