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(A) After reviewing the property report required pursuant to this article and after inspecting the structures within the project when deemed necessary, the Chief Building Official shall identify and make available to the Planning Commission at the time of the use permit hearing all items evidenced by such reports or inspection to be in noncompliance with applicable building and housing codes as adopted by the City Code or to be hazardous to the life, health or safety of any occupant of the units within the project or the general public. In addition, a report shall be prepared depicting conformance with the present California and International Building Codes as adopted by the City Code.
(B) Prior to the approval of the final map or condominium map, whichever is first, all such items shall be corrected to conform with current building code as adopted by the City Code to the satisfaction of the Chief Building Official. An appropriate fee to cover the cost of the review and inspection by the Building Division may be collected.
(C) Prior to the approval of the final map or condominium map, whichever is first, all physical improvements to the building interiors and exteriors, and on-site and off-site improvements, as required by the provisions of the article and the conditions placed on an application shall be completed, or as otherwise directed by the City Council.
(Ord. 1070-C-S, passed 6-13-06)
(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)
(A) If the Council finds that the conversion will have an adverse effect on the diversity of housing types available in the city or that the displacement of tenants would be detrimental to the health, safety, or general welfare of the community, the Council shall deny the application. Upon making such finding, the application shall be approved only if the Council finds that the benefits of home ownership opportunity offered by the conversion outweigh the adverse effects set forth in this article.
(B) Notwithstanding any other provision of this section, the City Council may deny a use permit if it finds that vacancies in the building have been created by unjust evictions and unreasonable rent increases in order to qualify a project for conversion under this subsection.
(Ord. 1070-C-S, passed 6-13-06)
The City Council shall not approve a conditional use permit and tentative map for a conversion unless it finds that:
(A) The proposed conversion is consistent with the general plan, particularly with the objectives, policies, and programs of the housing element of the general plan designed to provide affordable housing to all economic segments of the population.
(B) The average rental vacancy rate in comparable multiple-family units (as defined by complex and unit size, age, and amenities) within the city during the 12 months preceding the filing of the application is greater than 4.5%; provided, that a conditional use permit may be approved where the vacancy rate for comparable units is equal to or less than 4.5% if the applicant has proposed additional measures which the City Council finds would effectively mitigate the displacement of tenants and any adverse effects upon the housing stock within the city which would be caused by the proposed conversion.
(C) The applicant unconditionally offered to each eligible tenant an adequate plan for relocation to comparable housing.
(D) The CC&R's for the condominium project, shall require the applicant to establish an owner occupancy program that ensures a stable community of residents, is consistent with residential lending requirements, and discourages excessive real estate speculation. At a minimum, such program shall include the following requirements unless otherwise approved by the Community Development Director:
(1) Owner occupancy of at least 70% of the units;
(2) Minimum lease durations; and
(3) Registration of tenants and vehicles with the Homeowner's Association.
(E) All the provisions of the Subdivision Map Act, this article, and other applicable provisions of this code are met.
(F) (1) Prior to the approval of the final map, the applicant has entered into an agreement, subject to the City Attorney's approval, with the Homeowners' Association, whereby 2.5% of the amount of each unit purchase price shall, at close of escrow, be deposited into a Homeowners' Association Capitol Reserve Account. The amount of the fee, if conditions warrant, may be increased above the established fee by the City Council. This fund shall be used for repair of items in the common area and structures, or other capitol repair or replacement items which the Association deems necessary. This fund shall be over and above any funding reserve requirements required by the State Department of Real Estate. The fund shall be held separately from funds required by the State Department of Real Estate.
(2) The intent of the city in requiring the creation of a contingency or reserve fund for condominium conversions is to provide a surety for unexpected or emergency repairs to common areas in the interest of the economic, aesthetic and environmental maintenance of the community as well as to protect the general welfare, public health and safety of the community.
(G) Pursuant to the Cal. Gov't Code, Subdivision Map Act Chapter 2, Article 1, the Council shall not approve a final map for a subdivision to be created from the conversion of a residential real property into a condominium project unless the Council finds that all of the Tenant Notification provisions of the California Map Act and Article 31 have been met.
(Ord. 1070-C-S, passed 6-13-06)
In addition to the tenant protection provisions set forth in the State of California Subdivision Map Act, the applicant shall comply with the following provisions, as conditions of any conditional use permit for a condominium conversion project approved pursuant to these sections:
(A) Sales and lease termination. A tenant of any project proposed for conversion on the date of application for each conversion may terminate any lease after giving 30 days' notice.
(B) Relocation assistance. The applicant shall offer to each eligible tenant a plan for relocation to comparable housing, as approved by the city. The relocation plan shall provide, at a minimum, for the following:
(1) Assistance to each eligible tenant in locating decent, safe, and sanitary comparable housing, including but not limited to, providing availability reports. Apartment size, rent range, major kitchen and bathroom facilities, special facilities for the handicapped, infirmed or senior citizens and willingness to accept families with children will be considered in the determination of "comparable" as will accessibility to the tenant's place of employment; community and commercial facilities, schools; and public transportation.
(2) Payment of a relocation fee, equal to the amount of three month's rent, to each tenant who does not choose to purchase. A tenant is not entitled to a relocation fee pursuant to this section if the tenant has been evicted for just cause.
(3) The offer to each eligible tenant of a plan for relocation shall be free of any coercion, intimidation, inducement or promise not herein specified and shall not cause the tenant to vacate in advance of, a timetable or schedule for relocation as approved in its application for approval of conversion.
(4) Any tenant who chooses not to purchase and who is handicapped, or who has minor children in school, or is age 60 or older living in any unit prior to the time a completed tentative map application as determined by the Community Development Department shall be given an additional six months in which to find suitable replacement housing according to the timetable or schedule for relocation as approved in the conversion application.
(5) Other assistance deemed necessary by the City Council to mitigate the negative impacts caused by relocation.
(C) Anti-discrimination. The applicant or owner of any condominium unit within a project shall not discriminate in the sale, or in the terms and conditions of sale, of any dwelling unit against any person who is or was a lessee or tenant of any such dwelling unit because such person opposed, in any manner, the conversion of such building into a condominium.
(D) Pre-conversion protection. From the date of application for a use permit to convert, or until relocation takes place or the application is denied or withdrawn, but in no event for more than two years, no tenant shall be unjustly evicted and no tenant's rent shall be increased more frequently than once every six months, nor in an amount greater than the annual increase in utility costs, insurance costs, and property tax, plus increased operating costs not to exceed the Consumer Price Index applicable for the Bay Area per year. This limitation shall not apply if rent increases are expressly provided for in leases or contracts in existence prior to the filing date of the conditional use permit for the conversion.
(E) Appliance warranties. The applicant shall at the close of escrow provide free of charge to the first individual purchaser of each unit a one-year warranty for repair and replacement on each built-in appliance contained in the unit, whether new or used.
(Ord. 1070-C-S, passed 6-13-06)
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