(A) Purpose And Intent: The purpose of this section is to establish development standards and special conditions for the protection of the community and purchasers or renters of both new and converted residential and commercial condominiums, community apartment projects and stock cooperatives, and the lessors of cooperative apartment projects and stock cooperatives, and the lessors of cooperative apartments, as well as mobilehome park residents in parks proposed for subdivision activity.
(B) Applicability:
1. All new or converting residential and commercial condominiums, community apartment projects, stock cooperatives and cooperative apartments, including mobilehome park conversions, shall be reviewed for conformance with the provisions of this title under the city's conditional use permit procedure, in addition to any and all requirements for preparation, review and approval for a subdivision map, pursuant to the subdivision map act and title X of this code.
2. This section shall also apply to the conversion of mobilehome parks to a mobilehome subdivision, condominium or cooperative. Conversion of a mobilehome park to any other use, or cessation of use of the land for a mobilehome park, shall be subject to California Government Code sections 65863.7 and 65863.8.
(C) Minimum Requirements: Except as otherwise provided by law, in approving or conditionally approving any condominium projects, including conversion of apartments or mobilehome parks, the following shall be required:
1. Parking: Off street parking shall be provided in the amount and type pursuant to standards for new construction in chapter 14 of this title.
2. Yard And Height Requirements: All new condominium projects, including conversions of apartment or conversion of mobilehome park developments, shall comply with property development standards for the district in which the project is to be located, except that nothing in this section shall be construed to prohibit the imposition of more restrictive requirements as a condition of approval by the city when necessary to protect the public health, safety or general welfare, based upon appropriate findings.
3. Covenants, Conditions And Restrictions (CC&Rs): The covenants, conditions and restrictions (CC&Rs) for the new or converting condominium project, including conversion of apartment and mobilehome park projects, shall be reviewed and approved by the planning director and shall include an agreement that the following shall be guaranteed by the developer:
(a) Common area items, including, but not limited to, a roof, plumbing, heating, air conditioning and electrical systems shall be maintained by the sponsor of the conversion, or the developer, in good condition until one year elapses from the date of the sale of the last individual unit sold.
(b) Adequate provisions for maintenance, repair and upkeep of common areas.
(c) Provisions that in the event of destruction, reconstruction shall be in accordance with codes in effect at the time of such reconstruction.
(d) Provisions for dedication of land or establishment of easements for street widening or other public purpose.
4. Changes: The CC&Rs shall provide that individual unit owners have the right to select or change the management group or the homeowners' association ninety (90) days after sale or transfer of title of fifty one percent (51%) of the units. The CC&Rs shall provide that subsequent owners agree to make no changes in the CC&Rs imposing restrictions on the age, race, national origin, sex, marital status or other similar restrictions of occupants, residents or owners.
(D) Condominium And Mobilehome Park Conversion:
1. Condominium conversions and mobilehome park conversions may be approved in the city pursuant to the procedures in section 6-2-5 of this title for a conditional use permit and for a tentative map as set forth in title X of this code and the California subdivision map act.
2. No condominium conversion or mobilehome park conversion shall be approved unless and until all of the following conditions have been met by the developer:
(a) Tenants have received a tenant's notice of intent to convert pursuant to the provisions of California Government Code section 66427.1 (subdivision map act) prior to filing a notice of pending application to convert with the planning director. Such notice shall be given by the applicant, and shall contain information as to tenants' rights under state and local regulations.
(b) A notice of pending application to convert has been filed with the planning director, prior to the filing of a tentative subdivision map and conditional use permit application. The notice shall include a copy of the tenant's notice of intent to convert and a building condition and history report prepared by a building inspection service or similar agency acceptable to the building official and fire department. The report shall contain information set forth on forms to be provided by the planning director, including, but not limited to, date of construction, a list of all repairs and renovations to be made, an analysis of building conditions and any violations of housing, fire or building codes, a listing of the proposed improvements to be carried out, an estimated time schedule, the present rent schedule, including type and length of tenancy, the estimated prices of the converted units and/or lots, a copy of the proposed CC&Rs, a tenant relocation assistance plan indicating the number of tenants interested in the purchasing or relocating and detailed plans for assisting in the relocation of tenants. The developer shall furnish each prospective buyer with a copy of this report, together with the CC&Rs.
(c) The planning director shall prepare and deliver to the applicant a staff report, including a staff recommendation for approval or denial, a listing of conditions or requirements recommended as a basis for approval, and supportive reasons or justifications for such recommendations.
(d) Tenants shall be notified by the developer in writing, of all public hearings in connection with an application for conversions, and all tenants subsequent to the initial notice of intent shall be notified in writing of the pending conversion prior to occupancy.
(e) The applicant shall comply with the latest city adopted California building code, California mechanical code, California international plumbing code, California electrical code, California fire code, and all other applicable codes, ordinances and regulations. The applicant shall further complete such alterations or repairs required by the building official prior to the sale of any such units.
(f) Written notice shall be given to all residential tenants not less than one year from the date of the tentative approval.
3. For residential conversions, the planning commission shall also determine that:
(a) The conversion is consistent with the general plan; and
(b) The vacancy factor of rental housing units in the city exceeds three percent (3%) of the total rental housing inventory. Existing rental units may be approved for conversion regardless of the vacancy factor if the planning commission determines that a new rental unit has or will be added to the city's housing inventory for each rental unit removed through conversion; and
(c) The developer has complied with all provisions of this title and all other requirements and conditions as may be imposed by the planning commission. (Ord. 805-14, 7-1-2014)