A. In addition to the requirements of Title 18 of this code (Subdivisions) and the Subdivision Map Act, an application for the conversion of rental housing into any common interest development shall require the submittal of the following data, which data must be submitted to the Director of Community Development at the same time the tentative map is submitted:
1. A complete legal description of the property;
2. Certification that all tenants in any buildings or structure proposed to be converted have been notified individually and in writing prior to the time of filing an application hereunder;
3. A boundary map showing the existing topography of the site and the location of all existing easements, structures and other improvements, and trees over four inches in diameter;
4. The proposed organizational documents. In addition to such covenants, conditions and restrictions that may be required by the Bureau of Real Estate of the State of California pursuant to Title 6 (Condominiums) of the Civil Code or other State laws or policies, the organization documents shall provide for the following:
a. Conveyance of units,
b. Assignment of parking and management of common areas within the project,
c. A proposed annual operating budget containing a sinking fund to accumulate reserve funds to pay for major anticipated maintenance, repair or replacement expenses,
d. FHA regulatory agreement, if any,
e. The most recent balance sheet of the association,
5. A provision that the annual assessments to members of any association shall provide for penalties for late payments and reasonable attorney’s fees and costs in the event of default of the members;
6. A provision that allows the association to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties after any association assumes control of the project or any time thereafter;
7. A property report describing the condition and estimating the remaining useful life of each of the following elements of each structure situated within the project proposed for conversion: roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, plumbing systems, including sewage systems, sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, fire protection systems including any automatic sprinkler systems, alarm systems, or standpipe systems, and structural elements. Such report shall be prepared by a registered civil or structural engineer, or a licensed general building contractor or general engineering contractor;
8. A structural pest report prepared by a licensed structural pest control operator pursuant to Section 8516 of the CA Business and Professions Code, relating to written reports on the absence or presence of wood-destroying pests or organisms;
9. A structural report describing the physical elements of the project that also identifies any structural elements which are known to be structurally defective or unsafe so as to impose a hazard to the health and safety of the occupants or users of the improvements, with the final map submittal. The Director of Community Development shall maintain a form containing a reasonable list of physical elements to be described in the report, which form shall be made available to the applicant. The applicant shall arrange for project inspections by the Building Department to verify the accuracy of the deficiencies noted in the structural report. The Building Official shall prepare a report detailing building code deficiencies or other health and safety deficiencies which must be corrected prior to sale of units of occupancy;
10. A building history report including the following:
a. The date of construction of all elements of the project,
b. A statement of the major uses of the project since construction,
c. The date and description of each major repair of any element since the date of construction,
d. The date and description of each major renovation of any element since the date of construction,
e. A statement regarding current ownership of all improvements and underlying land,
f. The name and address of each present tenant of the project,
g. Failure to provide information required by subsections A1 through A6 of this section, inclusive, shall be accompanied by an affidavit, given under penalty of perjury, setting forth in detail all efforts undertaken to discover such information and all reasons why such information cannot be obtained;
11. A rental history detailing the size in square footage, the current or last rental rate, the monthly rental rate for the preceding two years, and the monthly vacancy over the preceding two years of each rental unit proposed to be converted;
12. Condominium Plan. The application for final subdivision map shall include a copy of the condominium plan prepared pursuant to the CA Civil Code, Section 1351. The plan shall be submitted for the information of the local governing body and need not be part of the subdivision map;
13. Project Organization. A written description regarding the proposed project organization including the use and control of the common elements and recreation facilities within the project shall be submitted with the tentative map. The statement shall detail any proposed control of common facilities to be retained by the developer or to be owned or maintained by any other organization other than the homeowners association or unit owners.
14. True Copy of Application for Final Public Report and Supplemental Questionnaire. The application shall include the following information, except that if the information required to be furnished below is not available at time of application, as a condition of approval of the permits issued pursuant to this Chapter, the developer shall provide this information to the City within ten days of issuance by the Bureau of Real Estate:
a. A true copy of each application submitted to the Bureau of Real Estate of the State of California for issuance of a final public report for the project proposed for conversion, including all attachments and exhibits required pursuant to Section 11011 of the Business and Professions Code.
b. A true copy of the statement of compliance (Form 643, as amended) pursuant to 10 California Administrative Code, Section 2792.9, or its successor, relating to operating and maintenance funds during the early stages of ownership and operation by the homeowner’s association.
c. A statement whether the developer will provide any capital contribution to the homeowner’s association for deferred maintenance of the common areas, and if so, the sum and date on which the association will receive said sum;
d. A true copy of the supplemental questionnaire for apartments converted to common interest developments submitted to the Bureau of Real Estate of the State of California, including all attachments and exhibits.
15. Relocation Displacement Plan. A relocation displacement plan shall detail the number of residents which will be displaced as a result of the proposed conversion and document the reasonable availability of comparable replacement housing in the Cupertino area within a rental range equal to the range which the tenants have paid as detailed in a rental report (See Section 19.116.050A11) or within a price range which is equal to or less than twenty-five percent of the income range of each household to be displaced as a result of the conversion whichever is higher. Additionally, replacement housing must be shown to meet any special needs, which are presently available in the project, of displaced tenants such as facilities for the handicapped, elderly, households with children, and availability of public transportation for the elderly or resident buyers who are temporarily displaced pending completion of improvements to the units being purchased;
16. Soils Report. A true copy of the soils report originally prepared for the subject property. In cases where a soils report has never been prepared or when information in previous reports is considered insufficient, then the developer shall provide a soils report prepared by a registered civil engineer, or equivalent, which details information as determined by the Director of Public Works;
17. All information required by Chapter 18.16 or Chapter 18.20, as the case may be, Chapter 19.12, Chapter 19.80, and such information which the Planning Commission or the Director of Community Development determines is necessary to evaluate the proposed project.
(Ord. 17-2165, § 13 (part), 2017; Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)