(A) For those applications that are accepted, the applicant shall provide the city with an application for a use permit and tentative map that shall include, but not be limited to, the following groups of information necessary to evaluate the proposed conversion:
(1) A tentative tract or parcel map;
(2) A site development plan in conformance with the applicable provisions of the city's Zoning Code;
(3) Tenant information in conformance with this article;
(4) An affidavit attesting to the accuracy of all submitted material;
(5) Documents adequate to describe and assess the prior two years history of tenancy.
(B) In addition to the items specified above, the applicant of a condominium conversion project shall submit the following additional items with the application:
(1) Physical elements report. A report on the physical elements of all structures and facilities shall be submitted with the use permit application for the conversion to condominium. The report shall include, but not be limited to, the following:
(a) Property report written and certified by a state licensed contractor in the appropriate field describing the structural condition of all elements of the property and estimating the remaining useful life of each of the following elements for each structure situated in the conversion project: roofs, foundations, exterior paint, all paved surfaces, mechanical systems, electrical systems, plumbing systems, sewage systems, sprinkler systems for landscaping, central or community air-conditioning and heating, structural elements, drainage systems, and balconies. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed;
(b) Sound transmission report. The report shall state the Sound Transmission Class and Sound Impact Class of the existing floor-to-ceiling and wall-to-wall assemblies of sample units. The report shall be prepared by an acoustical engineer and shall include a detailed description, including cost estimates of the measures necessary, if any, to improve sound attenuation between units pursuant to this stipulation of this chapter;
(c) A pest report by a state licensed structural pest control inspector approved by the city, on each structure, including all accessory structures, and each unit within the structure;
(d) Building history report stating the date of the construction of all elements of the project; when said element was replaced; the approximate date upon which said element will require replacement; the cost of replacing said element; and any variation of the physical condition of said element from the current zoning and city building code in effect on the date that the last building permit was issued for the subject structure; and
(e) A report on any known soil and geological conditions regarding soil deposits, rock
formations, faults, ground-water 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.
(2) A rental history report shall contain the rents charged for each type of unit in the project of the three years preceding the application and the average vacancy rate in the project for the three years prior to the application for the project.
(3) Rental availability report stating the vacancy rate for similar rental units or developments within the city at the time of the application. The need for such a report may be waived by the Community Development Director if the city has completed or received a similar rental availability report within the six months preceding the application. The firm producing the rental availability report shall be approved in advance by the Community Development Department, and said firm shall include such vacancy reports as within the scope of their normally offered services. The report shall include the source and date of all provided information. Vacancy rate shall be determined by dividing the sum of comparable vacant units by the sum total of all similar vacant units. Age, complex size, unit size, and amenities shall be considered when determining similar rental units. The city shall commission the report and all costs associated with producing the report shall be borne by the applicant
(4) Affordable housing analysis. The applicant shall provide an analysis documenting the level of affordability of the existing rental units, and the proposed affordability level of the proposed individual ownership units.
(5) An improvement report listing all of the proposed interior and exterior structure, landscaping, structural, security and other improvements to the complex to correct deficiencies identified in the submitted reports and to refurbish, restore or upgrade the project to achieve a high degree of appearance and safety. The detailed description of any additional amenities shall be included in this report. The firm producing the improvement report shall be approved in advance by the Community Development Department, and said firm shall include such reports as within the scope of their normally offered services. The report shall include a construction-phasing plan addressing pedestrian access, lighting and site conditions for occupied buildings during construction or repair; work schedule indicating hours of construction, type of equipment and proposed noise control and list of units uninhabitable during and due to the proposed construction. The phasing plan shall provide detailed information on methods the applicant shall employ to minimize the adverse impacts of construction to the existing tenants, particularly in terms of noise and tenant safety, to the satisfaction of the Community Development Director and the Chief Building Official.
(6) Improvement plans and details for all exterior site and building improvements that satisfy the Design Review Board application requirements to the satisfaction of the Community Development Director. The plans submitted for the proposed improvements to the site and/or building shall be produced, sealed and signed by a licensed professional in the respective field (i.e. architect, landscape architect, civil engineer, etc.) as deemed acceptable by the Director of Community Development.
(7) Covenants, codes & restrictions (CC&R's). The developer shall submit, prior to filing the final subdivision or parcel map, to the Directors of Community Development and Public Works, the City Engineer and the City Attorney a declaration of covenants, conditions, and restrictions relating to the management of the common areas and facilities. The developer shall submit a statement signed by the attorney who prepared the CC&R's and bylaws for the Homeowners' Association stating the final map shall not be filed until city approval has been obtained.
(8) Maintenance program. The developer shall submit to the city a copy of the maintenance program, to be performed by a homeowner's association or other enforceable means to assure the maintenance of common areas, landscaping, private streets, parking areas, and recreational facilities. An estimate of annual operating and maintenance costs for all common facilities, together with a recommendation for reasonable reserves for the replacement of major elements shall be included. The program shall be prepared by an independent management firm subject to the approval in advance by the Community Development Department. Once the final maintenance program is approved by the city, it shall be incorporated into the CC&R's and implemented by the Homeowners' Association.
(9) The Community Development Director may request such other information or reports which in the opinion of the Director are necessary or convenient in order to make recommendations to the Commission and Council and to make the findings that the project meets the intent of this article and is consistent with this chapter and the General Plan.
(10) In addition to the property owner list, maps and envelopes required for use permit noticing, the applicant shall provide a list of current tenants of the complex, and stamped envelopes bearing the names and addresses of the tenants of each unit. The city shall use such envelopes to send notices to such persons of the hearing on the application in conformance with the provisions of California Subdivision Map Act Chapter 3, Article 1. At least 15 days prior to the date of such hearing, the developer shall provide the city with an update to the tenant list and provide the city with whatever additional envelopes are needed to notify tenants who have moved in after the application was filed.
(11) Tentative and/or parcel map. The applicant shall provide the materials necessary for a tentative and/or parcel map application in conformance with the requirements and procedures as set forth by this chapter, this article, the state Subdivision Map Act, and State Planning and Zoning Law.
(12) Documentation of tenant notification. At the time of the use permit and tentative map application, the applicant shall provide documentation to the satisfaction of the Community Development Director of conformance with the noticing, form, and timing of:
(a) The tenant notice and advisement of tenant rights as set forth by California Subdivision Map Act Chapter 2, Article 1, § 66427.1.
(b) The tenant notices for both prospective and existing tenants of intent to convert and tentative map filing as set forth in California Map Act Chapter 3, Article 2, §§ 66452.8 and 66452.9.
(c) The statutory references in this section shall also apply to successor legislation of the same of differing section numbers.
(Ord. 1070-C-S, passed 6-13-06)