Sections:
16.100.010 Purpose.
16.100.020 Compliance with Requirements.
16.100.030 Other Conversions.
16.100.040 Applications.
16.100.050 Procedure.
16.100.060 Relocation.
16.100.070 Expiration.
16.100.080 Costs.
16.100.090 Occupancy Permit.
16.100.100 Final information.
The purpose of this chapter is to outline the procedures for the conversion of existing residential dwelling units to condominium units in compliance with the subdivision map act and the following housing element policies of the general plan:
A. Promote opportunities for home ownership for all income groups, including lower income renters and newly formed households; and
B. Allow condominium conversions in circumstances that would increase ownership opportunities for middle-income people when the developer, lit the request of a tenant, finds comparable rental housing within the city before displacing the existing tenants.
(Ord. 182 § 2 (part). 1997)
The conversion of existing residential dwelling units to condominium units is only allowed when the conversion meets the following requirements:
A. Zoning Provisions. The applicable zoning district provisions;
B. Development Code Provisions/Standards. The provisions of this chapter and the standards identified in Section 16.44.060 (Condominium Conversion Standards):
C. State Codes. All current local and State Structural, Safety. and Utility Codes:
D. Design Review. Design review standards and guidelines, if exterior modifications are required;
E. Relocation Plans. Notice and relocation assistance plans approved by the commission during a public hearing;
F. Pest Report. A structural pest report, prepared by a licensed operator; and
G. Finding. A finding that specifies that the conversion does not significantly reduce rental units available in the price range below the median price range of apartments in the city or does not significantly reduce units which provide accommodations to disabled or transient persons.
(Ord. 182 § 2 (part), 1997)
The conversion of residential structures that cannot meet the requirements of Section 16.100.020 (Compliance with Requirements), above may be allowed by the commission only if all of the following findings of fact can be made in a positive manner:
A. The structure was constructed before the effective date of this chapter;
B. The building official has certified that there are no violations of codes or statutes applicable to the structures involved in the conversion. Codes or statutes shall be applicable if they were in effect at the time of construction or alteration of structures involved or are, in the opinion of the building official, health and safety provisions applicable to existing structures;
C. The subdivider has submitted a plan showing all feasible means for making structures, grounds and utilities conform to current codes and statutes and agrees, in writing, supported by a performance bond, to be submitted before recordation, to implement the plan as a condition of approval. The plan shall include a report from a registered engineer detailing the present condition of the structure(s) and the expected useful life of all common structural and mechanical components of the conversion. The plan shall also include the structural pest report of a licensed operator;
D. The subdivider has (or would before the issuance of an occupancy permit) provided sufficient amenities to persons purchasing the converted property. The commission may consider, in making this determination, the level of sound attenuation of structures, the probable life of structures, the availability of on- and off-site parking and open space, the availability of storage and other facilities, laundry space and the condition of the utilities;
E. The subdivider has submitted a plan for tenant relocation assistance. The plan shall include a program for paying moving expenses and deposits as well as assisting tenants in obtaining new housing if they are unable to purchase a unit in the project. The plan shall give particular attention to the needs of elderly, disabled, households with minor children, and households of low- and moderate-income. The plan may include assistance (e.g., extended or lifetime leases) and purchase assistance (e.g.. tenant discounts), and special loan programs. Assistance to tenants of low- and moderate-income may include subsidized rents in other structures and assistance in qualitYing for government housing programs (e.g., Section 8). The commission shall not accept the tenant relocation assistance program unless the subdivider has demonstrated. to the satisfaction of the commission. that all tenants can obtain affordable housing either through purchase of a unit, available rentals in the vicinity. or an extended lease program;
F. Notice and relocation assistance requirements shall be satisfied by the subdivider;
G. The subdivider would submit lease forms and a final tenant assistance plan. including all conditions attached to the conversion and tentative map approval, before approval of the final map. A copy of the plan shall be given to each tenant household before the final map is approved; and
H. The subdivider has submitted a plan describing the proposed energy saving improvements that shall be installed before the issuance of an occupancy permit. The plan shall include the insulation of ceilings, ducts, exterior walls, floors and water heaters, and the installation of energy saving appliances, solar heated pools, and pool covers.
(Ord. 182 § 2 (part), 1997)
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