(A) In addition to the requirements and procedures as set forth by Chapter 20 of this code, conversions of existing multiple-family rental housing to condominiums, community apartments, stock cooperatives, planned unit developments and any other subdivision which is a conversion of existing rental housing shall be subject to the additional requirements provided by this article, except that a limited equity housing cooperative, as defined in California Health and Safety Code § 33007.5, shall be exempt from these additional requirements.
(B) A report by a registered engineer or architect or licensed qualified contractor describing the physical elements of all structures and facilities shall be submitted with the tentative subdivision or parcel map. The report shall include, but not be limited to the following:
(1) A report detailing the structural condition of all elements of the property including foundations, electrical, plumbing, utilities, walls, roofs, ceilings, windows, recreational facilities, sound transmission of each building, mechanical equipment, parking facilities and appliances. Regarding each element, the report shall state to the best knowledge or estimate of the applicant, when the element was built; the condition of each element; when the element was replaced; the approximate date upon which the element will require replacement; the cost of replacing the element; and any variation of the physical condition of the element from the zoning chapter and Uniform Code for the Abatement of Dangerous Buildings in effect at the time application for conversion is submitted.
(2) A report from a licensed structural pest control operator on each structure and each unit within the structure.
(3) A report on soil and geological condition regarding soil deposits, rock formations, faults, groundwater and landslides in the vicinity of the project and a statement regarding any known evidence of soils problems relating to the structures unless the report is waived by the City Engineer.
(C) (1) A declaration of covenants, conditions and restrictions which would be applied on behalf of 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 the maintenance; description of a provision for maintenance of all vehicular access areas within the project; an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit; a plan for equitable sharing of communal water metering.
(2) (a) 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 type of unit for previous two years;
3. Monthly vacancy rate for each month during preceding two years;
4. Makeup of existing tenant households, including family size, length of residence, age of tenants and whether receiving federal or state rent subsidies;
5. Proposed sale price of units;
6. Proposed homeowners’ association fee; and
7. Names and addresses of all tenants.
(b) When the subdivider can demonstrate that the information is not available, this requirement may be modified by the Planning Department.
(3) Signed copies from each tenant of notice of intent to convert, as specified herein. 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 the notices comply with the requirements for service by certified mail.
(D) The final form of the physical elements report and other documents shall include a description of repairs and improvements approved by the city, to be made in order to comply with city regulations. The reports in their acceptable form shall remain on file with the Planning Department for review by any interested persons. The report shall be referenced in the subdivision report to the Planning Commission.
(E) The subdivider shall provide each purchaser with a copy of all submittals (in their final, acceptable form), required by divisions (B) and (C) of this section, prior to the purchaser executing any purchase agreement or other contract to purchase a unit in the project and the developer shall give the purchaser sufficient time to review the information. Copies of the submittals shall be made available at all times at the sales office and 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.
(F) Prior to tentative map approval, the Planning Commission shall hold a public hearing. Notice of the hearing shall be given as provided in § 66451.3 of the Subdivision Map Act. A copy of any staff report shall be served on each tenant of the subject property at least three days prior to the hearing.
(G) Prior to the close of escrow, the subdivider shall submit the following information to the Planning Department:
(1) Name, address and phone number of homeowners’ association;
(2) Actual sale price of units;
(3) Actual homeowners’ association fee;
(4) Number of prior tenants who purchased units; and
(5) Number of units purchased with intent to be used as rentals.
(`61 Code, § 10.2) (Ord. 709, passed 1-18-1983)