Chapter 17.62


17.62.010    Administration.

17.62.020    Permit--Required.

17.62.030    Application.

17.62.040    Additional requirements for conversion.

17.62.010 Administration.

The community development director of the city, or his designee, shall administer the provisions of this title.  (Ord. C-2015-04 §1(part), 2015; Ord. 3-94 §1(part), 1994).

17.62.020 Permit--Required.

It is unlawful to construct one or more buildings or structures as a project or to convert one or more buildings or structures to a project without complying with the provisions of this title.

No project shall be permitted, nor shall a condominium permit be effective, unless a planned unit development shall have been approved for such project pursuant to the provisions of Title 18 of this code.  Every applicant for a condominium permit shall file an application for a planned unit development prior to, or concurrently with, the application described in Section 17.62.030.  (Ord. 3-94 §1(part), 1994).

17.62.030 Application.

An application for condominium permit shall be filed with the community development director by the developer.  The community development director, or his designee, shall submit each application for a condominium permit to the city attorney, building official, director of public works, fire chief, and police chief, together with that portion of the information submitted by an applicant within the purview of the aforementioned officers.  Every application for a condominium permit shall include the following information:

A.    A boundary map, which shall show the existing topography of the site and the location of all existing easements, structures, mature and/or scenic trees, and other improvements on the property;

B.    Schematic plans, which shall consist of a site plan, garage plan, typical floor plan, building elevations showing natural grades, and a conceptual landscaping plan for the project as a whole and other plans necessary to show the location of the common areas, all facilities and amenities to be located within said common area, and parking spaces. In addition to the foregoing, where the project involves the conversion of an existing structure to a condominium project, a community apartment project, or a stock cooperative project, complete as-built drawings shall be provided with an additional eight-inch by ten-inch color photograph showing the elevations of the project;

C.    A copy of the application for a planned unit development for the project and a tentative subdivision map;

D.    A copy of the organization documents which, in addition to such covenants, conditions and restrictions, are or may be required by the Department of Real Estate of the State of California pursuant to Title VI of the Civil Code or other state laws or policies, shall include the following:

1.    The method and manner of conveying units;

2.    A plan for assignment of parking spaces and management of common areas within the project;

3.    A preliminary annual operating budget containing a sinking fund to accumulate reserve funds to pay for major anticipated maintenance, required repairs, or replacement expenses;

4.    Rules and requirements for arriving at annual assessments upon units and their owners for maintenance and special assessments for capital improvements.  Such rules and requirements shall include:

a.    The amount of the regular annual assessment, and the procedure for its charge;

b.    The manner in which special assessment shall 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 within the common area;

c.    The method of collection of both annual and special assessments, which may be monthly without billing;

d.    The remedies which the association may seek for nonpayment of assessments, including penalties for late payment;

5.    Provisions empowering and requiring the association to be responsible for maintaining and landscaping all common areas;

6.    Provisions granting, authorizing, and empowering the city to:

a.    Determine that a special assessment is necessary to repair the common area, or any part thereof, to the general prevailing standard in the neighborhood, and to levy a special assessment on the individual units for such repairs, at the city’s discretion.  In furtherance of such grant, authority or power, the city shall have the authority to prorate such lien on each unit in the project in an amount equal to the cost of such repairs;

b.    Perform any work at the city’s discretion in the common area, or any part thereof, to bring the common area into compliance with the applicable ordinances of the city in effect at the time such structure containing the proposed units was constructed. Such authority shall include the right of the city to perform any work in the common area, or part thereof, necessary to prevent the common area from becoming in violation of any ordinance of the city or from becoming in further violation of such ordinance;

7.    A provision permitting the association at its discretion 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 any time thereafter.  (Ord. C-2015-04 §1(part), 2015; Ord. 3-94 §1(part), 1994).

17.62.040 Additional requirements for conversion.

In addition to all other provisions of this chapter, an applicant for a condominium permit for a proposed conversion shall include in the application the following:

A.    A report by a licensed architect and a licensed structural or civil engineer detailing the structural condition of all elements of the property including foundations, electrical, plumbing, utilities, walls, ceilings, windows, frames, recreational facilities, sound transmission of each building, mechanical equipment, and parking facilities;

B.    A report by a licensed appliance repair contractor detailing the condition of each appliance element; the approximate date upon which each element will require replacement; the cost of replacing each element; and any variations of the physical condition of each element from the current zoning, building, housing, mechanical and fire codes in effect on the date of the application for the condominium permit;

C.    A report by a licensed structural termite and pest control specialist certifying that the structures are free of infestation and structural damage caused by pests and dry rot;

D.    A report by a licensed soils engineer 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;

E.    A report by a licensed painting contractor verifying the condition of the painting throughout the project, including building exterior surfaces, and an estimate of the remaining physical life of the paint.  A statement that new paint will be applied throughout and on all building exterior surfaces may take the place of this report requirement;

F.    A report by a licensed roofing contractor verifying the condition of the roofs of all structures and an estimate of the remaining physical life of the roof.  A statement that new roof material will be applied may eliminate the requirement of this report. This statement shall include the type, grade and color of the proposed roofing material;

G.    A list of the full names and addresses of each tenant occupying the building or buildings on the date of application;

H.    An affidavit that each tenant of the building or buildings proposed for conversion has been or will be given one hundred twenty days’ written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion;

I.    An affidavit that each tenant of the building or buildings has been or will be given written notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant.  This right shall run for a period of not less than sixty days from the date of issuance of the subdivision public report pursuant to Business and Professions Code Section 11018.2, unless the tenant gives written prior notice of his intention not to exercise that right;

J.    The developer shall provide moving expenses of two times the monthly rent to any tenant who relocates from the building to be converted after receipt of notification from the developer of his intent to convert, except when the tenant has given notice of his intent to move prior to receipt of notification from the developer of his intent to convert;

K.    A copy of the notice of intention to sell or lease and a copy of the completed questionnaire, as filed with the California Department of Real Estate under the provisions of Business and Professions Code Section 11010 et seq.  (Ord. 3-94 §1(part), 1994).