The conversion of apartments to condominiums shall comply with the following.
(A) Purpose. The purpose of these provisions regarding the conversion of apartments to condominiums is:
(1) To reduce the impact on conversions on displaced tenants by providing for relocation assistance and adequate notification;
(2) To promote the safety of conversion projects and correction of Building Code violations;
(3) To upgrade existing residential uses to current Building and Zoning Code standards; and
(4) To provide for purchaser protection.
(B) Application requirements. In addition to filing a tentative map pursuant to Title 22 of the Municipal Code, the following plans and reports shall be submitted to the Community Development Department at the time of filing for a conversion project:
(1) A site plan, to scale, showing all structures, common and private spaces, accessory storage areas, trash areas, laundry facilities, landscaped areas, walls (including heights and materials), and number of dwelling units;
(2) Floor plans, indicating the square footage and number of bedrooms per unit;
(3) Elevation drawings of all structures, showing architectural features, building heights and colors and materials of construction;
(4) A parking plan, showing the number of spaces provided and required, number of covered and uncovered spaces, dimensioned stalls and driveways, and type of surfacing;
(5) A physical elements report, describing the condition of the project's plumbing, electrical, heating, and air-conditioning systems, roof foundation, appliances (including but not limited to dishwashers, garbage disposals, stoves, ovens, refrigerators, compactors, hot water heaters, and tanks, air conditioners and fans), and recreational facilities. The report shall also include the date each such item was built or replaced, its estimated remaining useful life, deviation from existing codes, defective or unsafe elements and proposed corrective measures. The report shall be prepared by a registered civil or structural engineer, or by a licensed general building contractor, engineering contractor or architect;
(6) A statement of reports and improvements proposed for the project and expected time of completion;
(7) A structural pest-control report, indicating the absence or presence of wood-destroying pests or organisms, prepared by a licensed operator;
(8) An acoustical report, prepared by a licensed acoustical engineer, evaluating the noise attenuation characteristics of existing party walls and ceilings. This report shall be based on a sampling of at least 10% of the units, but not fewer than two units, and shall indicate conformance with performance criteria required for new construction;
(9) A utility metering report, submitted if units are not individually metered, including the feasibility thereof. The report shall be prepared by a registered civil or structural engineer or by a licensed general building contractor, engineering contractor or architect;
(10) A report on any soil and geological conditions regarding soil deposits, rock formations, faults, groundwater and landslides affecting the project and a statement regarding any known evidence of soil problems relating to structures. Reference shall be made to any previous soils reports for the site and a copy submitted with the report;
(11) A copy of the covenants, conditions and restrictions that will apply to the proposed development;
(12) The name and address of each tenant at the time of application submittal;
(13) Evidence that tenants have been notified of the intent to convert 60 days prior to filing of the tentative map and have received a copy of the city's tenant information sheet regarding conversions.
(C) Tenant notification. Subdividers shall serve each tenant living in a building proposed for conversion to a condominium, community apartment or stock cooperative with those notices required by the laws of the state, a copy of the city's tenant information sheet regarding conversions, a notice of issuance of the public report, and a copy of the conditions imposed upon the project.
(D) Relocation assistance.
(1) The subdivider shall provide relocation assistance to any tenant who was a resident of a building to be converted at least 60 days prior to the filing date of the tentative map as well as on the date of final map approval, and who does not intend to purchase a unit. Such assistance shall include the following:
(a) The subdivider shall provide each tenant with a complete and current list of available rental units within a three mile radius of the building being converted, which are comparable in size, price and amenities. This list shall be provided with the 180-day notice of tenancy termination as required in Cal. Gov’t Code § 66427.1.
(b) The subdivider shall provide transportation to locate available rental units for 30 consecutive days for those without transportation, including ambulance service, if necessary.
(c) Any tenant over the age of 62, handicapped as defined in Cal. Health and Safety Code § 50072, disabled as defined in § 223 of the United States Social Security Act or residing with one or more minor dependent children, shall be given an additional 30 days to relocate beyond the 180-day provision of the Government Code.
(d) A relocation fee equaling twice the monthly rent shall be paid by the subdivider to each rental household at the time the 180-day notice of tenancy termination is given.
(2) The provisions of this section shall not apply to any tenant who has rented a unit in the apartment complex to be converted less than 60 days prior to filing of the tentative map and has been apprised of the intent to convert, pursuant to Cal. Gov't Code § 66452.18(a).
(E) Conditions of approval. In addition to the requirements of state law and other provisions of this title, conversion projects shall be subject to the following regulations:
(1) The project shall comply with all Building and Zoning Codes applicable to new residential condominium construction existing at the time of conversion project approval.
(2) No conversion work shall be performed on a unit until all of its tenants have been relocated or unless one of the tenants of a unit has executed an agreement to purchase.
(3) No rent increases may be assessed to tenants who were residents of the proposed conversion project from the time the tentative map is filed, until the unit is sold, or the subdivision is denied or withdrawn.
(4) Gas and electricity shall be separately metered for each unit and provided with a shutoff valve.
(5) A separate water heater shall be provided for each condominium unit.
(6) A warranty, commencing from the date the first unit is sold and terminating one year after the last unit is sold, shall be given to the homeowners association by the subdivider against all defects in the common areas.
(7) The subdivider shall execute and record a covenant and agreement, subject to the approval of the Director, binding the subdivider and any successor in interest, to provide relocation assistance in a manner consistent with division (D) above. The covenants and agreements shall be executed and recorded within ten days after expiration of the appeal period for the tentative map approval.
(8) Permanent mechanical equipment, including domestic appliances shall be shock-mounted.
(9) Appliances (including but not limited to dishwashers, garbage disposals, stoves, ovens, refrigerators, compactors, hot water heaters, and tanks, air conditioners and fans) with less than two years of useful life, shall be replaced. A warranty, commencing with the close of escrow and terminating after two years, shall be given to the purchaser of a converted unit against all defects in the appliances for a period of two years.
(10) A certificate of occupancy shall be required prior to occupation of any converted unit.
(11) Building plan checks for any conversion projects shall be billed to the subdivider on a time and material basis.
(12) Additional conditions may be imposed which, in the opinion of the review authority, are reasonably related to the purpose of this section.
(F) Compliance with conditions. In the event of any noncompliance with any requirements of this section, the California Government Code, or
conditions made a part of the tentative or final subdivision maps, the tentative map and conversion approval may be revoked, the final map may be denied or certificates of occupancy may be withheld.
(Ord. 4823, passed 1-22-24)