Chapter 82.40
CONVERSION OF RESIDENTIAL PROPERTY
Sections:
82.40.020 Physical elements report.
82.40.030 Acceptance of reports.
82.40.050 Physical standards for condominium conversions.
82.40.060 Specific physical standards.
82.40.080 Stock cooperatives owners’ vote.
82.40.090 Conversion to stock cooperative.
82.40.010 Purpose.
The purpose of this chapter is:
A. To establish criteria for the conversion of existing multiple-family, rental housing to condominiums.
B. To reduce the impact of such conversions on residents in rental housing who may be required to relocate due to the conversion of apartments to condominiums by providing for procedures for notification and adequate time and assistance for such relocation.
C. To assure that purchasers of converted housing have been properly informed as to the physical conditions of the structure which is offered for purchase.
D. To ensure that converted housing achieves a high degree of appearance, quality, and safety and is consistent with the goals of the City.
82.40.020 Physical elements report.
A report on 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, ceiling, 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 condition of each element; the approximate date upon which said application for conversion was filed and accepted by the City. 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 any known 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.
82.40.030 Acceptance of reports.
The final form of the physical elements report and other documents shall be subject to approval by the City. The reports in their accepted form shall remain on file with the Department of Community Development for review by any interested persons. The report shall be referenced in the subdivision report to the Planning Commission.
82.40.040 Copy to buyers.
The subdivider shall provide each purchaser with a copy of all reports (in their final, accepted form), 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 reports. Copies of the reports 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.
82.40.050 Physical standards for condominium conversions.
A. To achieve the purpose of this chapter, the City shall require that all condominium conversions conform to the Municipal Code in effect at the time of tentative map approval except as otherwise provided in this chapter.
B. All provisions of the Municipal Code must be met and violations corrected prior to the approval of the final map.
82.40.060 Specific physical standards.
The City shall require conformance with the standards of this section in approving the map.
A. Building Regulations. The project shall conform to the applicable standards of the City building code in effect on the date that the last building permit was issued for the subject structure or structures except as herein provided.
B. Zoning Regulations. The project shall conform to all applicable standards of the zoning ordinance, in effect at the time the application for conversion was accepted by the City except as herein provided.
C. Fire Prevention.
1. Smoke Detectors. Each living unit shall be provided with approved detectors of products of combustion other than heat conforming to the latest UBC standards, mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes.
2. Maintenance of Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protective appliances shall be retained in an operable condition at all times.
D. Sound Transmission.
1. Shock Mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps, and compactors which is determined by the department of community development to be a source of structural vibration or structure borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Department of Community Development.
2. Noise Standards. The structure shall conform to all interior and exterior sound transmission standards of the Uniform Building Code. In such cases where present standards cannot reasonably be met, the City Council may require the applicant to notify potential buyers of the noise deficiency currently existing within these units.
E. Utility Metering. Each dwelling unit shall be separately metered for gas and electricity. A plan for equitable sharing of communal water metering shall be developed prior to final map approval and included in the covenants, conditions and restrictions. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the City Council.
F. Private Storage Space. Each unit shall have at least 200 cubic feet of enclosed weather proofed and lockable private storage space in addition to guest, linen, pantry and closets customarily provided. Such space may be provided in any location approved by the Department of Community Development, but shall not be divided into two or more locations. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the City Council.
G. Laundry Facilities. A laundry area shall be provided in each unit, or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the City Council.
H. Landscape Maintenance. All landscaping shall be restored as necessary and maintained to achieve a high degree of appearance and quality.
I. Condition of Equipment and Appliances. The developer shall provide written certification to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air conditioners that are provided are in operable working condition as of the close of escrow. At such time as the homeowners’ association takes over management of the development, the developer shall provide written certification to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association is in operable working condition.
82.40.070 Notice to tenants.
A. The City Council shall not approve a final map or parcel 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 makes all of the findings set forth in Section 66427.1 of the Act relating to notices and offers to tenants.
B. The subdivider shall give notice to prospective tenants in accordance with Section 66452.8 of the Act.
C. In accordance with Section 66452.9 of the Act, the subdivider shall give notice of the filing of the tentative map or tentative parcel map.
D. Subdivider shall provide evidence of receipt of each tenant of the notices required herein.
82.40.080 Stock cooperatives owners’ vote.
In accordance with Section 66452.10 of the Act, a stock cooperative will not be converted to a condominium unless a majority of the owners have voted in favor of the conversion.
82.40.090 Conversion to stock cooperative.
The City shall approve or disapprove the conversion of an existing building to a stock cooperative within 120 days following receipt of a completed application for approval of such conversion. (Gov. Code § 66427.2)
82.40.100 Findings.
The City Council shall not approve an application for conversion unless the City Council finds that:
A. All provisions of this chapter are met.
B. The proposed conversion is consistent with the City General Plan.
C. The proposed conversion will conform to the Municipal Code in effect at the time of tentative map approval except as otherwise provided in this chapter.
D. The overall design and physical condition of the condominium conversion achieves a high degree of appearance, quality and safety.
E. The conversion would not displace predominantly low and moderate income families or tenants without adequate provision for the suitable relocation of such families or tenants.
F. 1. The vacancy factor in the City is not less than five percent of the total available apartment rental housing stock, determined in accordance with a resolution adopted by the City Council.
2. Property owners of multiple-family dwelling “apartment complexes” containing three or more dwelling units may, upon successful designation and acceptance of their property by the City as a historic resource, make application to subdivide said property to condominiums per this chapter. Any such application for conversion of a designated resource will be exempt from the requirements of the apartment vacancy factor in subsection (F)(1) of this section. (Ord. 1940, 2002; Ord. 1797)