(A) Conditional use permit and subdivision regulations. Condominium conversions may be approved in the city pursuant to the procedures for a conditional use permit and applicable subdivision regulations as set forth in this code.
(B) Application requirements. In addition to such other application requirement as the Community Development Director may deem necessary, no application for a project shall be accepted for any purpose unless the application includes the following:
(1) Sufficient copies of plans illustrating the following details shown to scale:
(a) Site plan illustrating the location of buildings, parking areas, circulation system, recreational facilities, open space, patios, and the like;
(b) Floor plans for each unit type;
(c) Fully dimensional elevation plans of the structures, showing the architectural features and types and materials of construction;
(d) Landscaping and irrigation plans illustrating the existing system and any proposed modifications and a statement specifying the manner by which landscape areas shall be maintained;
(e) The location, structural section, and type of surfacing for all driveways, pedestrian ways, vehicle parking areas, curb cuts and storage areas;
(f) The location, height, and type of materials for exterior walls or fences;
(g) The location and description of all recreational facilities and a statement specifying the method of the maintenance thereof;
(h) The location, size, and number of parking spaces to be used in conjunction with each condominium unit for residents and guests;
(i) The location, type and size of all drainage pipes and retention basins;
(j) The location, type and size of all on-site and adjacent overhead and underground utility lines.
(2) Three copies of the proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) which will apply to the proposed project, which shall include:
(a) Provisions for the maintenance of the common areas exterior of all structures and walls, including roads, recreational amenities and landscaping. Common areas items, including, but not limited to, the roof, plumbing, heating, air-conditioning, and electrical systems shall be maintained by the developer in good condition until one year elapses from the date of the sale of the last individual unit is sold;
(b) A statement that the city has the right, but not the duty to enforce said CC&Rs in the event of default in the maintenance of such areas by individual owners of the units, and that costs, including attorney fee's incurred thereby shall be reimbursed to the city;
(c) Provisions establishing each individual unit owner's exclusive right to the use of designated parking spaces for each unit;
(d) Provisions for separate storage area, if any, for each unit for inside and outside storage of recreational vehicles consisting of boats, trailers, and the like, and any other materials.
(e) Provisions for dedication of land or establishment of easements for street widening or other public purpose.
(3) Tenants have received a tenant's notice of intent to convert pursuant to the provisions of Cal. Gov’t Code § 66427.1 (Subdivision Map Act) prior to filling a notice of pending application to convert with the Community Development Department. Such notice shall be given by the applicant, and shall contain information as to tenant's rights under state and local regulations.
(4) Written notices shall be mailed to all tenants at least five days prior to the submission of the application {Cal. Gov’t Code § 66427.1(c)} to the Community Development Department. The applicant shall provide the Department with affidavits or declarations under penalty of perjury of said notices at the time of the application. All tenants occupying the project subsequent this initial notice shall be notified in writing of the pending conversion prior to occupancy.
(5) A list prepared under declaration of penalty of perjury by the developer, including but not limited to the names and addresses of all tenants residing in the project proposed to be converted at the time the application is filed, including but not limited to, commencement and expiration dates of the leases of said tenants and total number of project occupants.
(6) Sales information. Anticipated terms of sale prices of individual dwelling units based on information known at the time of application; anticipated terms of sale to existing tenants; and a statement as to whether sales will be permitted to families with minor children.
(7) A pest control report issued no more than three months from the date of the filling of the application, to be provided to, and reviewed by, the building official. The report shall include, but not be limited to termites, rodents and general pests.
(8) A building elements report describing in detail the condition and useful life of the electrical, plumbing, and structural elements of all existing buildings and structures including foundation. Such report shall be prepared by a registered civil or structural engineer, licensed contractor, or licensed architect for the applicable portion of the report.
(9) A descriptive report containing acoustical test data which indicates the noise attenuation characteristics of existing party walls, floors and ceilings including but not limited to a sampling of at least 10% of the dwelling units involved, but in no case fewer than two dwelling units. Such report shall be compiled by a qualified person experienced in the field of acoustical testing and engineering as determined by the Community Development Director or designee. Report shall provide comparative analysis of the test data as it relates to state and local attenuation requirements.
(10) A report by a qualified marketing survey research firm submitted for review by the Community Development Department and Planning Commission pertaining to the vacancy factor of the rental housing units in the city.
(11) The Planning Commission shall evaluate the adequacy of interior amenities that may include floor and surface materials, kitchen cabinets, and the like, during the conditional use permit approval process.
(12) A minimum of 10% of the units to be converted to ownership units shall be reserved for low to moderate income individuals or families.
(Ord. 1513, passed 9-19-07)