Chapter 16.50
CONDOMINIUM CONVERSIONS
Sections:
16.50.020 Condominium conversion defined.
16.50.030 Standards – General.
16.50.033 Condominium conversion permit.
16.50.035 Condominium conversion fee.
16.50.037 Condominium conversion application.
16.50.040 Refurbishing and restoration.
16.50.050 Inspection and fees.
16.50.060 Standards for conversion.
16.50.010 Purpose.
In order to provide for the housing needs of all economic segments of the community, the city council declares that the purposes of this chapter are as follows:
A. To insure that rental units being converted to condominiums meet reasonable physical standards as required by this chapter and other applicable provisions of this code;
B. To promote the concept of home ownership and to bring a greater amount of owner-occupied housing on the market affordable by all economic segments of the community, thus encouraging participation in the various economic and social benefits associated with home ownership. (Ord. 368 § 2, 1981).
16.50.020 Condominium conversion defined.
“Condominium conversion” is defined to mean the division of an existing land and improvements into a form of property ownership as defined by Civil Code Section 783; that is an estate in real property consisting of an undivided interest in common in a portion of real property, together with a separate interest in space in a residential, industrial or commercial building, on such real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property. For purposes of interpreting this chapter, the term “condominium” shall include, but not be limited to, the following:
A. Condominium;
B. Planned unit development;
C. Community apartment house project;
D. Stock cooperative project;
E. Any housing development, regardless of designation, with features or motives similar to the above. (Ord. 368 § 2, 1981).
16.50.030 Standards – General.
In addition to standards applicable to regular subdivision, no condominium conversion project or portion thereof shall be approved by the city council unless the following items are submitted with the tentative map and approved by the city planning commission:
A. A condominium conversion permit;
B. A development plan of the project including locations and size of structures, parking layout, access areas, and exterior elevations;
C. A preliminary landscaping plan of the project indicating types and sizes of landscaping materials and permanent irrigation facilities, prepared by a person licensed to prepare such plans by the state of California;
D. A preliminary lighting plan of the project indicating location and nature of lighting and lighting fixtures in common areas;
E. A plan for maintenance of the condominium common areas, including projected annual costs, and plan for payment of those costs;
F. The developer shall submit a plan from a certified sound specialist that each unit will meet a sound transmission class of 50;
G. A copy of the proposed covenants, conditions and restrictions that will apply to the project, including any restriction on conveyance of units;
H. The proposed plan for the management of common areas;
I. Such other information as the city planning commission determines is necessary to fully evaluate the proposed project. (Ord. 368 § 2, 1981).
16.50.033 Condominium conversion permit.
A. The condominium conversion permit shall consist of a condominium conversion application which has been approved by the city planning commission.
B. Upon approval of the final map by the city council, the condominium conversion permit shall be deemed approved by that agency.
C. A condominium conversion permit shall remain effective for no longer than 24 months from approval by council. If condominium conversion has not been completed within that timeframe, a new permit must be obtained by the developer; however, a new tentative/final map will not be required. (Ord. 368 § 2, 1981).
16.50.035 Condominium conversion fee.
The condominium conversion permit will be subject to a one-time, nonrefundable, condominium conversion fee of $500.00 for each unit in the condominium project. Such fee shall be prepaid by the developer/converter to the general fund, city of Holtville, at the time the condominium application is received by the city clerk. The fee shall be nonrefundable upon approval of the permit and final map by the city council. (Ord. 368 § 2, 1981).
16.50.037 Condominium conversion application.
The condominium conversion application required by this chapter shall be in writing and shall contain the following information:
A. Tenant and rental information, consisting of the following:
1. The names and addresses of each present tenant;
2. The size, by square foot, of the living area of each unit;
3. The current rental price of each unit;
4. The name and address of each tenant 60 years of age or older;
5. Evidence that each current tenant has received notice of intent to convert, and notice of purchase rights as specified in the California Government Code, Section 66427 et seq.;
6. Evidence that tenant’s rights, as specified in Chapter 16.60 HMC, have been or are being complied with;
B. Schedule of the proposed improvements to be made to the project to ensure that it complies with the requirements of Chapter 16.30 HMC and this chapter, or as required by the city planning commission;
C. A current structural termite report;
D. A building history, including:
1. Date of construction of all elements;
2. State of use, or uses, since initial construction;
3. Date and description of each repair or renovation requiring an expenditure of $1,000 or more;
4. A statement of current ownership;
E. Such other information as may be required by the city planning commission or the city council in order to fully evaluate the project. (Ord. 368 § 2, 1968).
16.50.040 Refurbishing and restoration.
All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements as required by the city planning commission shall be refurbished and restored as necessary to achieve a high degree of appearance, quality and safety. Refurbishing and restoration may be required to be completed prior to approval of the final map. (Ord. 368 § 2, 1981).
16.50.050 Inspection and fees.
A. The premises to be inspected shall include structures, common areas, site improvements, public improvements, common area and other related facilities. The purpose of the inspection is to develop a list of deficient conditions that may exist by reason of noncompliance with any applicable provisions of this code and to determine if any deficient items must be refurbished and restored in accordance with HMC 16.50.040.
B. Prior to submittal of the final map, the developer shall request the inspection of the premises to ensure conformance to HMC 16.50.040.
C. The project inspection will be made by the city planning commission and the city engineer or other authorized representatives. A deficiency list shall be compiled during the inspection of all corrections required to conform to the applicable code requirements. When the final inspection has been completed, a copy of the deficiency list shall be transmitted to the subdivider. All deficiencies must be to the satisfaction of the city engineer or his authorized representative prior to filing of the final map or parcel map. Plans for corrective work may be required. When plans are required, they shall be as approved by the city engineer or his authorized representative.
D. The city shall charge a reasonable hourly fee (estimated actual hourly cost to the city) for the required inspection and related processing. The owner shall post a cash deposit in an amount equal to the estimated cost of inspection. The deposit will be applied towards the inspection fee with any refund or balance due to be resolved prior to the approval of the final map by the city council. Any balance due shall be paid prior to the recording of the final map. (Ord. 368 § 2, 1981).
16.50.060 Standards for conversion.
A. Street Improvements. Requirements relating to street improvements and street dedication shall be those as contained in the subdivision regulations in this code.
B. Parking. Parking requirements shall be those parking requirements as set forth in HMC 16.30.040. In the event the developer cannot provide the level of parking required by the zoning district because of physical dimensions of the project, the developer may request a variance.
C. Structural Requirements. All structural requirements applying to condominiums shall be applicable to condominium conversions.
D. Sound Attenuation. The developer shall provide proof from a certified sound specialist that each unit meets a sound transmission class of 50.
E. Each dwelling unit shall be provided with a minimum of 60 cubic feet of enclosed storage space outside the dwelling unit.
F. Fire Protection System. A smoke detector will be provided in each unit.
G. Any other applicable regulatory requirements of the State Subdivision Map Act or of this title. (Ord. 368 § 2, 1981).