Chapter 16.28
CONDOMINIUM CONVERSIONS
Sections:
16.28.020 Additional information.
16.28.030 Special notifications – Generally.
16.28.040 Special notifications – Intent to convert.
16.28.050 Special notifications – Staff report on tentative map.
16.28.060 Special notifications – Notice of public hearing(s).
16.28.070 Special notifications – Notice of final map approval.
16.28.080 Special notification – Notice of intent to convert prior to termination of tenancy.
16.28.090 Special notifications – Notice of exclusive right to contract for purchase.
16.28.100 Extension of termination of tenancy in special cases.
16.28.110 Approval of application subject to findings by council.
16.28.010 General provisions.
The conditions, standards and procedures set forth in this chapter shall apply to the conversion of existing multiple-family rental housing into condominiums, community apartment projects, stock cooperative projects, or any other subdivision which is a conversion of existing rental housing. In addition to the requirements and procedures set forth by Chapters 16.12 through 16.28 and 16.36 SMC, conversions of existing multiple-family housing to condominiums, community apartment projects, stock cooperative projects, or any other subdivision which is a conversion of existing rental housing shall be subject to the additional requirements provided by the chapter. With the provision of the required parking and other common interest subdivision requirements, existing legal nonconforming buildings may be converted into condominium projects or stock cooperatives unless new units are to be constructed or added or unless the general plan is revised to specifically address the conversion of existing buildings into condominium projects or stock cooperatives. If new units are to be constructed or added, the entire project must be consistent with the density requirements set forth in the Seaside general plan and the Seaside zoning ordinance. (Ord. 662 § 1, 1984; Ord. 626 § 1 (Art. IV § 401), 1983)
16.28.020 Additional information.
The subdivider shall provide additional information as is identified in this section. These reports shall remain on file with the planning department for review by any interested persons. Additional information shall accompany any conversion application covered under this chapter and shall include but not be limited to the following:
A. A condominium conversion report which has been prepared by a licensed architect, or structural, mechanical, or electrical engineer, describing the conditional and remaining useful life of foundations, roofs, windows, walls, ceilings, parking facilities, appliances, sound transmission of each building, recreational facilities, and the mechanical, electrical, structural and plumbing elements of all buildings and structures proposed for conversion. A copy of this report shall be made available to each prospective purchaser;
B. A building inspection report which has been prepared by the city building department describing the interior and exterior physical condition of the buildings, and listing all relevant code violations if any which may be detrimental to the health, safety and general welfare of the owners or the occupants of the buildings and structures proposed for conversion;
C. A structural pest report which has been prepared by a licensed pest control operator describing any pest related damage and listing all improvements necessary to correct such damage, if any;
D. A statement of repairs and improvements necessary to refurbish and restore the project to achieve a high degree of appearance and safety. This report shall be made by the subdivider for review and comment by the building director and the chief of planning;
E. Impact report on mobile home conversion to another use, which report shall identify the impact of the conversion on displaced mobile home park residents and shall address the availability of adequate replacement space in mobile home parks. The subdivider shall make a copy of the report available to each resident of the mobile home park at least fifteen days prior to the public hearing on the tentative map by the planning commission. The planning commission may require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park;
F. Signed copies from each tenant of notice of intent to convert as specified in SMC 16.28.040. The subdivider shall submit evidence that a certified letter of notification was sent to each tenant for whom a copy of the notice is not submitted;
G. A fact sheet that set forth the proposed price of each dwelling unit in the building, the proposed down payment requirements, available financing information, estimated monthly maintenance fees and home owner association fees;
H. Any other information which, in the opinion of the chief of planning, will assist in determining the reasonableness of the proposed conversion. (Ord. 626 § 1 (Art. IV § 402), 1983)
16.28.030 Special notifications – Generally.
The notifications set forth in SMC 16.28.040 through 16.28.090 shall have been made. (Ord. 626 § 1 (Art. IV § 403), 1983)
16.28.040 Special notifications – Intent to convert.
A. The subdivider or his or her agent shall have given written notification of intention to convert to each of the following:
1. To each of the tenants of the proposed conversion at least ninety days prior to the filing of a tentative map. This notice shall be as follows:
To the occupant(s) of _______________
Address
The owner(s) of this building, at ________
Address
has filed an application with the City of Seaside to convert this building to a (condominium, community apartment, or stock cooperative project). You will be given notice of each hearing for which notice is required pursuant to this Section and you have the right to appear and the right to be heard at any such hearing.
________________________________
Signature of owner or owner’s agent
________________________________
Date
The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. Written evidence of compliance with this notification shall be submitted with the tentative map application.
2. To each person applying after such date for rental of a unit of the subject property immediately prior to the acceptance of any rent or deposit from the prospective tenant by the subdivider, commencing at a date not less than sixty days prior to the filing of a tentative map. This notice shall be as follows:
To the prospective occupant(s) of ______
Address
The owner(s) of this building at ________
Address
has filed or plans to file an application with the City of Seaside to convert this building to a (condominium, community apartment, or stock cooperative project). No units may be sold in this building unless the conversion is approved by the City of Seaside and until after a public report is issued by the Department of Real Estate. If you become a tenant of this building, you shall be given notice of each hearing for which notice is required pursuant to the provisions of this Ordinance, and you have the right to appear and the right to be heard at any such hearing.
________________________________
Signature of owner or owner’s agent
________________________________
Date
I have received this notice on _________
Date
________________________________
Prospective tenant’s signature
Written verification of this notification having been issued within the designated time limits shall be provided to the chief of planning prior to the approval of the final map.
B. Failure by a subdivider or his or her agent to give the notice required in this section shall not be grounds to deny the conversion. However, if the subdivider or his or her agent fails to give notice pursuant to this section, he or she shall provide relocation assistance to each prospective tenant who becomes a tenant and who was entitled to such notice with an amount equal to the sum of the following:
1. Actual moving expenses incurred when moving from the subject property, but not to exceed the amount so specified in the California Subdivision Map Act;
2. The first month’s rent on the tenant’s new rental unit if any, immediately after moving from the subject property, but not to exceed the amount so specified in the California Subdivision Map Act.
Written evidence of compliance with this requirement shall be submitted to the chief of planning prior to the approval of the final subdivision map. (Ord. 626 § 1 (Art. IV § 403(A)), 1983)
16.28.050 Special notifications – Staff report on tentative map.
Any report or recommendation on a tentative map by staff to the planning commission or city council shall be in writing and a copy thereof served on the subdivider and on each tenant of the subject property at least three days prior to any hearing or action on such map by the planning commission or the city council. Fees must be collected from the subdivider for expenses incurred under this section. (Ord. 626 § 1 (Art. IV § 403(B)), 1983)
16.28.060 Special notifications – Notice of public hearing(s).
The city shall give a notice of each public hearing to each tenant of subject property before approval shall be granted to a tentative map. The notice shall be by United States mail at least seven days prior to any such hearing and shall include notice of time and place of the public hearing and notification of the tenant’s right to appear and the right to be heard. Fees may be collected from the subdivider for expenses incurred under this section. (Ord. 626 § 1 (Art. IV § 403(C)), 1983)
16.28.070 Special notifications – Notice of final map approval.
The city shall have given to each of the tenants of subject property notification within ten days of approval of a final map for the proposed conversion. (Ord. 626 § 1 (Art. IV § 403(D)), 1983)
16.28.080 Special notification – Notice of intent to convert prior to termination of tenancy.
The subdivider shall have given to each of the tenants of the subject property one hundred eighty days’ written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this section shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including but not limited to the provision of services, payment of rent or the obligation imposed by Sections 1941, 1941.1 and 1941.2 of the Civil Code. Written evidence of this notice shall be submitted to the chief of planning prior to the approval of the final map. (Ord. 626 § 1 (Art. IV § 403(E)), 1983)
16.28.090 Special notifications – Notice of exclusive right to contract for purchase.
The subdivider shall have given to each of the tenants of the subject property notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. In addition, the subdivider shall have provided each tenant with a copy of the fact sheet described in SMC 16.28.020(G). Written evidence of compliance with these requirements shall be submitted to the chief of planning prior to the approval of the final map. (Ord. 626 § 1 (Art. IV § 403(F)), 1983)
16.28.100 Extension of termination of tenancy in special cases.
In addition to the one hundred eighty days’ written notice of intention to convert prior to termination of tenancy as provided in SMC 16.28.080, any nonpurchasing agent aged sixty-two or older or handicapped or with minor children in school shall be given at least an additional six months in which to find suitable replacement housing. (Ord. 626 § 1 (Art. IV § 404), 1983)
16.28.110 Approval of application subject to findings by council.
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 Seaside general plan and the Seaside official zoning ordinance;
C. The overall design and physical condition of the condominium conversion achieves a high degree of appearance, quality and safety;
D. There will not be a significant impact on the tenants based on the projected costs of the units, the available housing for displaced households, and the vacancy rate; and
E. There will not be a significant displacement of low income and/or elderly households. (Ord. 626 § 1 (Art. IV § 405), 1983)