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Condominiums and condominium conversions shall comply with the following requirements in addition to the standards identified in Chapter 84.16 (Multi-Family Residential Design Standards).
(a) Condominiums. When a residential structure is proposed at the time of construction as a condominium, community apartment project, or stock cooperative, a Tentative Map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner in compliance with Chapter 87.02 (Tentative Map Filing and Processing). Chapter 87.03 (Parcel Maps and Final Maps) determines whether a Parcel or Final Map shall also be filed.
(b) Condominium Conversions. A condominium conversion is the conversion of real property to a common interest development as defined by Civil Code § 1351.
(1) Approvals Required. A conversion shall require the approval of a Tentative Map, and Parcel or Final Map, except where a Parcel Map, or Tentative and Final Map are waived in compliance with Map Act § 66428(b) or § 66428.1 for the conversion of a mobile home park (See § 87.04.080 [Resident Initiated Mobile Home Park Conversion], below). If a Parcel or Final Map is waived, a Tentative Map shall still be required. A Record of Survey shall be filed for a field survey required in Map Act § 66428.1 in compliance with Business and Professions Code § 8765(c).
(2) Application Filing and Processing. A Tentative Map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports, and shall be processed, approved or disapproved in the same manner as identified in Chapter 87.02 (Tentative Map Filing and Processing), except as otherwise provided by the following provisions of this Section.
(3) Application Contents. Condominium conversion applications shall include the same information and materials as Tentative Map applications, except for conversions of residential projects, which shall also include the following information and materials.
(A) Tentative Map. The Tentative Map for a condominium, community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative need not show the buildings or the manner in which the airspace above the property shown on the map are to be divided. However, the applicant shall provide an illustration of how subdivision will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units by the County Surveyor.
(B) Verification of Stock Cooperative Vote. If the development being converted to a condominium is a stock cooperative, the application shall also include verification of the vote required by Map Act § 66452.10.
(C) Relocation Assistance Program. A program proposed by the applicant that will assist tenants displaced through the conversion in relocating to equivalent or better housing.
(D) Vacancy Rate Assessment. An assessment of the vacancy rate in multi-family housing within the County.
(4) Evaluation. The evaluation on the Tentative Map for the condominium conversion (§ 87.04.030) shall be provided to the subdivider and each tenant of the subject property at least three days before any action by the Director or any hearing on the Tentative Map by the Commission or Board.
(5) Public Notice. The following notice shall be provided in addition to that required by Chapter 86.07 (Public Hearings) if the project is to be heard by the Commission or Board:
(A) Tenant Notice. The subdivider shall give notice to all existing or prospective tenants as identified in Map Act §§ 66452.8 and 66452.9, and shall provide the Department satisfactory proof that the notice was given; and
(B) Public Hearing Notice. Notice of the public hearing(s) on the Tentative Map shall be provided to all tenants of the subject property, as required by Map Act § 66451.3.
(6) Approval of Conversion, Required Findings.
(A) Time Limit, Stock Cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within 120 days of the application being found complete in compliance with § 87.02.030 (Tentative Map Filing, Initial Processing). The 120-day time limit may be extended by mutual consent of the subdivider and the County.
(B) Conversion Findings, Residential Projects. Approval of a Tentative or Final Map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project, or stock cooperative shall not be granted unless the review authority first finds all of the following to be true:
(I) All of the findings identified in Map Act § 66427.1 and § 87.02.060 (a)(2) (Tentative Map Approval or Disapproval -- Additional specific findings), above;
(II) The conversion will not result in a major displacement of existing tenants unable to find comparable housing, and the location of the conversion and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare; and
(III) The proposed conversion complies with all of the applicable standards identified in Chapter 84.16 (Multi-Family Residential Design Standards).
(7) Completion of Subdivision Process. The filing, approval, and recordation of a Parcel or Final Map in compliance with Chapter 87.03 (Parcel Maps and Final Maps) shall be required to complete the subdivision process, except where a Parcel Map, or Tentative and Final Map are waived for the conversion of a mobile home park in compliance with Map Act § 66428.1 (See § 87.04.080 [Resident Initiated Mobile Home Park Conversion], below). Where the maps have been waived, a Certificate of Compliance shall be recorded to complete the conversion action.
(Ord. 4011, passed - -2007)