In addition to such other application requirements as are deemed necessary by the city, an application for conversion of a residential unit shall not be accepted or considered complete unless the application includes all of the following information in a form acceptable to the Community Development Director, except where such requirement is waived or modified by the Director:
(A) Physical elements report. A report prepared by a registered engineer or architect or licensed qualified contractor describing the physical elements of all structures and facilities, sound transmission levels between units, mechanical equipment, parking facilities, and appliances. Regarding each such element, the report shall state, to the best knowledge or estimate of the applicant, when such element was built, the condition of each element, the cost of replacing the element, and any variation or noncompliance of the element from the Development Code in effect at the time the application is filed with the city and from the Building Code in effect on the date that the last building permit was issued for the subject structure. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed.
(B) A report from a licensed structural pest control operator, approved by the city, on each structure and each unit within the structure.
(C) A report on soil and geological conditions regarding soil deposits, rock formations, faults, groundwater, and landslides in the vicinity of the project and a statement regarding any known evidence of soil problems relating to the structures. Reference shall be made to any previous soils reports for the site and a copy submitted with the report.
(D) A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve a level of appearance and safety consistent with applicable codes and ordinances, as specified in subdivision (A) of this section.
(E) A declaration of covenants, conditions, and restrictions (CC&Rs) in draft or outline form which would be applied to any and all owners of condominium units within the project. The declaration shall include, but not be limited to, the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for such maintenance; a description of a provision for maintenance of all utility lines and services for each unit; and a plan for equitable sharing of communal water metering.
(F) Specific information concerning the demographic characteristics of the project, including but not limited to the following:
(1) Square footage and number of rooms in each unit.
(2) Rental rate history for each unit for previous five years.
(3) Monthly vacancy rate for each month during preceding two years.
(4) Makeup of existing tenants’ households, including size, length of residence, age of tenants, and whether receiving federal or state rent subsidies.
(5) Proposed sale price of each unit.
(6) Proposed homeowners association fee.
(7) Financing available.
(8) Names and addresses of all tenants.
When the subdivider can demonstrate that such information is not available, this requirement may be modified by the Community Development Director.
(G) Signed copies from each tenant of notice of intent to convert, as specified in § 7.45.060 (Notice to New Tenants). The subdivider shall submit evidence that a letter of notification was sent to each tenant for whom a signed copy of the notice is not submitted. This requirement shall be deemed satisfied if such notices comply with legal requirements for service by mail.
(H) Any other information which, in the opinion of the Community Development Director, will assist in determining whether the proposed project will be consistent with the purposes of this chapter.
(I) Submittal of budget. The subdivider shall provide the city with a copy of the proposed budget for maintenance and operation of common facilities, including needed reserves, with the tentative map application. The budget shall show estimated monthly costs to the owner of each unit, projected over a five-year period, or such time as is required by the California Department of Real Estate. Such budget shall be prepared or reviewed and approved by a professional management firm experienced with management of condominium complexes. The management firm shall submit a statement of professional qualifications.
(J) Copy to buyers. The developer shall provide each purchaser with a copy of all submittals (in their final acceptable form) required by divisions (A) through (I) of this section prior to such purchaser executing any purchase agreement or other contract to purchase a unit within the project, and the developer shall give the purchaser sufficient time to review the information. Copies of the submittals shall be madeavailable at all times at the sales office, and a notice indicating that such reports are available shall be posted at various locations, as approved by the city, at the project site. Copies shall be provided to the homeowners association upon its formation.
(K) Final information submitted. Prior to entering into escrow on the first unit, the subdivider shall submit the following information to the Community Development Department:
(1) Name, address, and phone number of homeowners association.
(2) Actual sales price of units.
(3) Actual homeowners association fee.
(4) Number of prior tenants who intend to purchase units.
(5) Number of units purchased with intent to be used as rentals.
The final form of the physical elements report and other documents shall be as approved by the city. The reports in their acceptable form shall remain on file with the Community Development Department for review by any interested persons until the conclusion of the conversion process. The report shall be referenced in the subdivision report to the Planning Commission.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)