(A) Purpose. This section establishes regulations for the conversion of residential apartments into condominiums. These regulations work to provide for the housing needs for all economic segments of the community while also protecting the rights of tenant; protecting the health, safety and welfare of the public and potential purchasers; promoting home ownership; and increasing owner-occupied units that are affordable to all economic segments of the community.
(B) Application, fees and deposits required. In conjunction with the application required for tentative maps, the following additional items shall be submitted:
(1) A condominium conversion application;
(2) Tenant and rental information which shall consist of the name and address of each present tenant of the project and the identification of the vacant units;
(3) Schedule of proposed improvements which shall be made to the project prior to sale of individual units; such list shall not prohibit the applicant from making additional improvements; and
(4) A site plan of the project, including the location and sizes of structures, parking layout, a plan for open space areas and configurations and vehicular and pedestrian access areas.
(C) Building conditions/inspections.
(1) As part of the application review process, the premises shall be inspected by the Building Official, as defined in § 150.007, to evaluate the condition of the structure(s). All inspection costs shall be incurred by the subdivider.
(2) The Building Official shall inspect all structures and premises for needed repairs to bring the project into compliance with city building code requirements, housing code requirements and State requirements for residential condominiums applicable at the time of building permit and/or other permit issuance.
(3) The responsible fire agency shall inspect all structures and premises to determine the sufficiency of fire protection systems serving such structures and premises, report on any deficiencies and indicate which deficiencies are required to be corrected by law.
(4) The City Planner shall inspect all structures, improvements, and premises for compliance with the Zoning Code requirements applicable to the project.
(D) Noticing and tenants rights. Noticing shall be required as provided in the Subdivision Map Act and shall include, but is not limited to, the following:
(1) At least 60 days prior to submittal of the tentative tract map and application to the city for processing, the owner or subdivider shall send a notice to each and every tenant in the building(s) to be converted. Such notice shall contain information as specified by the city and shall be delivered in a manner that provides for proof of delivery;
(2) A least 60 days prior to submittal of the tentative tract map, the owner or subdivider shall give written notice of the intent to convert to each person applying for rental of a unit in the subject property immediately prior to acceptance of any rent or deposit from the prospective tenant;
(3) The city shall provide each tenant with written notification of planned public hearings for the application for conversion;
(4) Within ten days of submittal of an application for a subdivision public report to the California Department of Real Estate, the owner or subdivider shall give written notice of such to each tenant, and each tenant shall be advised that upon issuance of such report, it will be made available to any tenant upon request, free of charge;
(5) At least 180 days prior to termination of tenancy due to the conversion or proposed conversion, the owner or subdivider shall provide each tenant with 180 days written notice of the intention to convert;
(6) Each tenant shall be given 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 on terms more favorable to the tenant, and such exclusive right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report by the California Department of Real Estate; and
(7) No units may be sold in the building proposed for conversion unless the conversion is approved by the city and until after the final tract map is recorded and a subdivision public report has been issued by the California Department of Real Estate. Unless tenants of the building proposed to be converted were given written notice of the intention to convert by the owner or owner’s agent at the time the tenants signed rental or lease agreements, the subdivider shall compensate the tenants for their reasonable relocation expenses.
(E) Development regulations and required upgrades. Deficiencies found during the building inspection and further, identified by the City Planner, must be corrected at the subdivider’s expense to the satisfaction of the Building Official. Deficiencies found during the fire protection system inspection and deficiencies found by the City Planner during the zoning compliance inspection must be corrected as required. In addition, the subdivider shall be required to upgrade the following:
(1) Electrical. Electrical system and equipment grounding must be provided.
(2) Windows and doors. All windows and doors must meet applicable window and door emergency escape/rescue requirements.
(3) Building components and systems. Components and system with a remaining life of five years or less shall be replaced.
(4) Parking. All parking must be provided in accordance with chapter the Zoning Code, including any requirement for covered and guest parking.
(5) Landscaping and irrigation systems. Street trees, all yard landscaping, and all irrigation systems required by the Zoning Code shall be provided.
(6) Pest control. The subdivider shall repair or replace any damaged or infested areas in need of repair or replacement, as shown in the structural pest control report, which shall be prepared by a licensed structural pest control operator, and shall be dated and filed at least 30 days prior to the submittal of the final map.
(7) Street improvements. The subdivider shall improve or post a cash bond with the city guaranteeing the installation of required public right-of-way improvements to city standards. These improvements may include, but shall not be limited to, curbs, gutters, sidewalks, ramps, driveways, drainage devices, trees and tree wells and streetlights.
(8) Sewer. If the apartment proposed for condominium conversion has not been levied a sanitary sewer line charge or other charges or fees required for ownership units, the subdivider shall pay any charges required by the responsible sewering authority and shall provide to the city proof of such payment.
(9) Sound attenuation. All floor-to-ceiling assemblies between separate units shall meet the standards for the sound transmission class specified in applicable building and/or health and safety codes for residential condominium units. Such compliance shall be certified in the inspection report. No occupancy permit shall be issued absent such sound-proofing compliance.
(10) Fire detection systems. Early-warning smoke detection systems in the living quarters and fire protection appurtenances, as required by current state and local law, shall be required for all condominium conversion subdivisions.
(11) Fire protection systems. Fire protections systems for individual units and for the project as a whole shall be provided as required by the Fire Department and applicable city codes.
(Ord. 1346, passed 5-2-12)