A. Purpose and Applicability.
1. The purpose of the standards and requirements contained in this Section is to control and regulate the conversion of rental dwelling units to condominiums, for the purpose of assuring the orderly conversion of such units consistent with City policies regarding public health, safety, and welfare.
2. These provisions shall apply to proposals to convert existing developments of 5 or more rental dwelling units on any parcel to condominiums, which shall require the approval of a Site Plan Review by the Commission, subject to compliance with the Property Development Standards described herein.
3. Developments of less than 5 rental units shall be prohibited from converting to condominiums.
B. Application Requirements.
1. Applications for a Site Plan Review and a Tentative Map to allow a project to convert from rental to ownership units shall be accompanied by sufficient information to evaluate the project for compliance with the provisions of this Section.
2. Required information shall include the following.
a. Plans. A detailed site plan and floor plan, as required by the Division, that reflect existing conditions and proposed improvements to the building and/or site.
b. General conditions report. A report detailing the condition and estimating the remaining useful life of each element of the proposed condominium project including: built-in household appliances, mechanical systems, electrical systems, plumbing systems, sewer systems, foundations, framing, roofs, heating and cooling systems, interior and exterior wall coverings, utility connections, fire sprinkler systems, alarm systems, standpipe systems, structural elements, trash disposal facilities, parking facilities, recreational facilities, landscaped areas, and storage areas. This report shall be prepared by an independent, State-licensed structural engineer, architect, or general contractor.
c. Building history report. A report detailing the major uses of the development site since construction, and the date and description of all structural renovations, operating system upgrades, major repairs requiring a building permit, and construction of structures, fences, walls, landscaping, and the like.
d. Pest report. A pest information report addressing the present condition of the structure as it may be affected by dry rot, roaches, termites, or other insects, and recommending work required to render the structure free of infestation.
e. Acoustical report. An inter-unit acoustical report, prepared by a licensed and certified acoustical professional.
f. Site improvements report. A report that lists all proposed site improvements.
g. Tenant list. One typed mailing list and two sets of mailing labels (formatted for reproduction on City labels), with the names and addresses of all tenants of the project at the time of the application to the City. An updated list of tenant names and addresses shall be submitted every 6 months following submittal of the application, until such time as final action has been taken.
h. Tenant notification. The subdivider shall submit copies of all written notices required by the California State Subdivision Map Act and Subsection 17.400.040.E. (Tenants' Rights), with a complete list of all tenants notified.
i. Other information. Other information as may be required by the Director to provide a thorough evaluation of the proposed condominium project.
C. Inspections. The following inspections shall be made after the application has been deemed complete.
1. The Building Official or designee shall review the General Conditions Report, and inspect the property to verify its accuracy, to identify any health and safety hazards, and to identify any non-permitted construction on the site.
2. The Fire Marshal shall review the General Conditions Report, and inspect the property to determine the sufficiency of the current fire protection systems, and to identify any health and safety hazards.
D. Property Development Standards.
1. Minimum project size. A minimum of 5 units per development shall be required for the conversion of existing multiple-family dwelling units to condominiums.
2. Access ways and exiting. All life and fire safety issues, such as stairs, corridors, and doors, shall comply with Uniform Building Code regulations in effect at the time of conversion.
3. Adequate light and ventilation. Adequate light and ventilation shall meet Uniform Building Code regulations in effect at the time of conversion.
4. Emergency egress. Emergency egress shall meet Uniform Building Code regulations in effect at the time of conversion.
5. Fire suppression. Smoke detectors meeting current Uniform Building Code requirements at the time of conversion shall be installed in residential units and other enclosed common areas (e.g., hallways, recreation rooms, and utility rooms). Additional fire suppression equipment (e.g., alarm systems, fire extinguishers, and smoke detectors) shall also be provided as required by the Fire Department.
6. Minimum room dimensions. Minimum room dimensions, including minimum ceiling heights, floor area, and width, shall meet the Uniform Building Code regulations in effect at the time of conversion.
7. One-hour separation. A minimum one-hour separation shall be provided between dwelling units and accessory rooms, such as common storage rooms and laundry rooms.
8. Structural condition. Structures shall be in sound condition, pest- and vermin-free, and watertight, as determined by the General Conditions Report, and the inspection by the Building Official or designee.
9. Off-street parking. Off-street parking shall be provided consistent with zoning standards in effect at the time of conversion.
10. Separate utility metering. The consumption of gas and electricity shall be separately metered for each dwelling unit. A water shut-off valve shall be provided for each dwelling unit.
11. Sound attenuation. Common walls and ceilings of units shall be constructed or upgraded, using techniques to limit noise transmission, as specified by the Uniform Building Code for new construction or equivalent in effect at the time.
12. Public works. Missing or damaged off-site improvements, including the following, shall be repaired or replaced: curb and gutter, drive aprons, sidewalks, streetlights, and street trees.
14. Laundry facilities. Each dwelling unit shall be provided with its own laundry facilities, or alternate group facilities that are convenient to all dwelling units and approved by the City.
15. Minimum unit size. The minimum unit size shall be consistent with zoning standards in effect at the time of conversion.
16. Open space. Each dwelling unit shall be provided with accessible on-site open space consistent with zoning standards in effect at the time of conversion.
17. Shock mounting of mechanical equipment. All permanent mechanical equipment, including domestic appliances, shall be shock mounted, isolated from the floor and ceiling, or otherwise insulated in a manner to lessen the transmission of vibration and noise.
18. Trash enclosures. Required trash enclosures shall be in compliance with City standards at the time of conversion.
19. Additional standards. Additional standards applicable to the site as determined through the Site Plan Review process.
E. Tenants’ Rights.
1. The subdivider shall adhere to all applicable noticing requirements of the California State Subdivision Map Act.
2. The subdivider shall furnish tenants with a copy of this Section.
3. The subdivider shall not increase tenants’ rents for a period of one year from providing to such tenants notification of intent to convert.
4. Upon notice of termination of tenancy, the subdivider shall provide a relocation allowance equal to 2 months current rent to all current, non-purchasing tenant households that received notification of intent to convert, subsequent to entering into a rental or lease agreement.
5. The subdivider shall grant an extension of tenancy at the time of termination, as necessary to permit each tenant of the proposed condominium project in attendance at a K-12 school within the City to complete the current school term.
F. Findings. The Commission may approve a Site Plan Review application for a condominium conversion if it finds that the proposed conversion project meets the following.
1. All the provisions and standards for conversion of a project to condominiums as set forth in this Section are met.
2. A Tentative Map has been approved, or is concurrently being approved, for the condominium conversion project.
3. The overall design and physical condition of the condominium conversion achieves a high standard of safety, quality, and appearance.
4. The subdivider has not engaged in coercive, retaliatory eviction or action regarding tenants, after the submittal of the first application for City review through the date of approval.
(Ord. No. 2005-007 § 1 (part))