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(a) All condominium conversion projects shall be subject to the residential planned development (R-P-D) standards, permits and requirements set forth in Sections 9-4.901 through 9-4.905 of Article 9 of this chapter. Additionally, all condominium conversion projects shall be subject to all provisions of this Code, the State Subdivision Map Act, the applicable building regulations of Title 8 of this Code, and the subdivision provisions set forth in Chapter 3 of this title.
(b) Application requirements. No application for any entitlement necessary for a condominium conversion project shall be accepted as complete unless the application includes all of the items set forth below in addition to such information as the applicable entitlement application may otherwise require:
(1) An application for a tentative map or parcel map in accordance with Section 66426 of the Subdivision Map Act and this Code.
(2) An application for a residential planned development (R-P-D) permit or major modification thereto, with all of the plans and information shown on the precise plan of design plot plan checklist required for submittal of R-P-D permits. Said plans shall also contain at least the following specific detailed information:
(i) The location, height, gross floor area, and proposed uses for each existing structure to remain and for each proposed new structure;
(ii) The location, use, and type of surfacing of all open storage areas;
(iii) The location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas, and curb outs;
(iv) The location, height, and type of materials for walls or fences;
(v) The location of all landscaped areas, the type of landscaping, the method of irrigation, and a statement specifying the manner by which the landscaping areas shall be maintained and how it will be funded;
(vi) The location and description of all recreational facilities and a statement specifying the method of the maintenance thereof;
(vii) The location, size, and number of parking spaces to be used in conjunction with each condominium unit as well as an indication of whether the space is uncovered, covered, or enclosed;
(viii) The location, type, and size of all drainage pipes and structures;
(ix) The location, type, and size of all on-site and adjacent overhead utility lines;
(x) The location, type, and size of all utilities within the complex and a complete breakdown of how those utilities are presently furnished, metered, and serviced to the individual units as well as the common areas;
(xi) The location of all existing on-site fire protection equipment, including but not limited to, fire hydrants, stand pipes, fire sprinkler systems and fire extinguishers;
(xii) Existing elevation contours, building pad elevations and percent slope of all driveways and parking areas;
(xiii) Fully dimensioned elevation plans of the typical permanent structures, showing the architectural features and the types and materials of construction;
(3) A structural pest report prepared by a licensed structural pest control operator pursuant to the California Business and Professions Code on the absence or presence of wood destroying pests or organisms for all existing permanent buildings on the property;
(4) An acoustical report for all existing and proposed permanent residential buildings on the property, which indicates the type of construction of existing walls and ceilings and noise attenuation characteristics of such construction. The test data shall include a sampling of at least ten (10%) percent of the dwelling units involved, but in no case fewer than two (2) dwelling units. The report shall contain recommended methods of compliance with the noise insulation standards of the California Administrative Code, Title 25, Chapter 1, Subchapter 1, Article 4, Section 28, and shall be prepared by an acoustical engineer;
(5) A building elements report prepared by a state licensed civil engineer, architect or other qualified person approved by the building official describing in detail the condition and useful life of the roof, foundations, and mechanical, electrical, plumbing and structural elements of all existing buildings and structures, and further describing, in detail, the condition and useful life of the following appliances and equipment if installed in the buildings: Garbage disposals, dishwashers, water heaters, ranges, ovens and air conditioners;
(6) Three (3) draft copies of the covenants, conditions, and restrictions which will apply to the proposed development which include the following provisions:
(i) Provisions satisfactory to the City for the maintenance of the common areas and exteriors of all structures and walls of any such projects by the City in the event of default in the maintenance of such areas, including provisions for repair and for reimbursement to the City for any cost incurred thereby;
(ii) Provisions establishing each individual unit owner's exclusive right to the use of not less than two (2) specifically designated parking spaces for each unit in carports or garages;
(iii) Provisions prohibiting the outside storage of recreational vehicles, and any other materials unless enclosed within separate storage areas;
(iv) Provisions establishing adequate storage space shall be provided for each unit;
(v) Provisions establishing the precise nature of what constitutes a common area and what constitutes part of the ownership unit, including but not limited to an indication of whether the individual owner or the association will have the duty to maintain and/or replace wastewater laterals, utility meters, and vegetation within or around individual ownership areas;
(vi) Provisions authorizing the City to review and approve amendments to the covenants, conditions, and restrictions for the development.
(7) Tenant/rent/sales price information:
(i) A certified list of the names and addresses of all tenants residing in the proposed project that is complete as of the time the application is filed. The names and addresses shall also be provided in a digital file to facilitate mailing of public hearing notices;
(ii) Current rents for each unit;
(iii) Approximate proposed price for which each unit would be sold.
(8) The pro forma budget proposed to be submitted to the State Department of Real Estate or a similar estimate of projected annual operating expenses for the project after conversion and proposed level of maintenance fees or assessments to be borne by individual unit owners.
(9) The applicant shall certify that at least 60 days prior to filing of the tentative map for a condominium conversion, that all prospective tenants and tenants residing in the building(s) proposed for conversion have been notified in writing of the applicant's intent to file a tentative map for condominium conversion. Said notification is required under Sections 66452.8 and 66452.9 of the Subdivision Map Act. Certification shall consist of a letter signed by the applicant certifying that the required notice has been given, the date the notice was given, and a copy of the written notice.
(10) A report demonstrating how the project will satisfy the required conditions of approval specified in Subsection (e) of this section.
(11) Additional information as determined necessary by the Community Development Director.
(c) Special notice requirements.
(1) In addition to other public hearing notice requirements, the City shall mail written notice of a public hearing on applications related to a condominium conversion project to each tenant residing in the project as required by Section 66451.3 of the Subdivision Map Act. Such notice will specify the following:
(i) The date, time, place and purpose of the hearing; and
(ii) That each tenant has the right to appear and be heard.
(2) The City shall provide a copy of the staff report(s) to the subdivider and each tenant at least 3 days prior to the hearing on the tentative map or other permit for a condominium conversion as required by Section 66452.3 of the Subdivision Map Act.
(d) Required findings of fact. In addition to the other findings required by this Code, the decision-making body shall make the following affirmative findings prior to the approval of a condominium conversion project:
(1) That the proposed project would not adversely affect the supply and availability of rental housing within the City. This finding must be based on a determination that the current vacancy rate for rental units within the City is not less than five (5%) percent, as determined by the most recent Community Development Department survey or other reliable vacancy rate data acceptable to the City; or that mitigating circumstances exist which justify approval of the condominium conversion when the vacancy rate is lower than five (5%) percent. In addition to other mitigating circumstances that may be found, this determination must also be based on at least one of the following two findings:
(i) That new rental units are to be constructed which will replace those to be converted. The number of replacement units will equal or exceed the number of units proposed to be converted. Replacement units will be completed and occupancy permits issued prior to recordation of the final map for the conversion; or
(ii) That the conversion will help meet other City housing goals by providing a substantial percentage of its units at affordable prices and the provision of such housing opportunities outweighs any loss of rental units.
(2) That the project, as conditioned, would provide reasonable relocation assistance to households displaced by the condominium conversion; and
(3) That the proposed condominium conversion complies with the requirements of the Thousand Oaks Municipal Code.
(e) Conditions of approval. Condominium conversions shall be subject to all of the following conditions, which shall be in addition to such other conditions deemed necessary to carry out the purposes and requirements of this article:
(1) The consumption of gas, electricity, and water within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility. A separate wastewater lateral shall be provided for each unit. A shut-off valve for each utility will be provided for each unit. The requirements of this subsection may be waived where the Building Official or Public Works Department finds that such would not be practicable.
(2) All permanent mechanical equipment, including domestic appliances, which is determined by the Building Official to be a potential source of vibration or noise, shall be shock-mounted, isolated from the floor and ceiling, or otherwise installed in a manner approved by the Building Official to lessen the transmission of vibration and noise.
(3) The electrical, plumbing, mechanical, fire, and life safety systems of the structures either are, or shall be placed in a condition of good repair and maintenance, including such alterations or repairs as are required by the Building Official and Fire Department.
(4) Separate laundry facilities of sufficient size to allow for the installation of a clothes washer and dryer shall be provided for each condominium unit; if provided for in the garage, they shall not encroach into the required parking area.
(5) Each condominium unit shall be provided with a separate two (2) car (double) garage or carport or with two (2) adjoining single-car garages or carports, and one parking space per unit shall be provided for guest parking. Provisions shall be made for the restriction of parking in no parking zones.
(6) Each dwelling unit shall have a separate hot water heater, unless there is one central circulating water heating system serving all dwelling units on the property, and such system shall provide sufficient capacity to serve all dwelling units.
(7) All on-site and adjacent overhead utility service lines and poles shall be converted to an underground system.
(8) At least fifty (50) square feet of developed common recreation space shall be provided per unit, but in no event less than one thousand (1,000) square feet for the total condominium conversion project.
(9) All garbage disposals, dishwashers, water heaters, ranges, ovens, and air-conditioners determined by the Building Official to have less than two (2) years' useful remaining life shall be replaced.
(10) All dwelling units shall comply with the current requirements for energy conservation, sound transmission control, and fire detection systems.
(11) The applicant shall provide relocation assistance equal to one and one-half times the monthly rent to any tenant household living in any unit at any time prior to final map approval, provided such tenant is not otherwise in default of the rental agreement. If the tenant elects to purchase the unit, such relocation assistance shall be applied as a credit to the cost of the unit.
(12) The applicant shall offer a lifetime lease to households in which the head of household or spouse is sixty-two (62) years of age or older at the time of the final map approval. Reasonable annual rent increases shall be allowed, but shall not exceed sixty (60%) percent of the increase in the Los Angeles- Long Beach Area Consumer Price Index or any successor index designed to determine general increases in housing costs for the preceding twelve (12) month period or any applicable local ordinance governing the rents in such units, whichever is lower. Provisions setting forth this limitation on rent increases shall be incorporated into the lease.
(13) The applicant shall provide at no additional cost to the tenant, suitable alternate housing to tenant households whose unit undergoes substantial remodeling or rehabilitation during conversion, and the unit being remodeled or rehabilitated is not habitable. The Building Official of the City shall make the final determination of habitability and suitability.
(14) Covenants, Conditions and Restrictions for the condominium conversion shall be prepared and submitted to the Community Development Director and City Attorney for approval, and shall be recorded prior to or concurrently with the final map.
(15) Within ten (10) days of conditional approval of entitlements necessary for the project, the property owner shall mail written notice to all tenants residing in the building(s) to be converted. The notice shall include a copy of the conditions of approval and state that the tenant will receive a ninety (90) day written notice to vacate or purchase his or her unit and that the tenant will have the exclusive right to purchase the unit on at least as favorable terms and conditions as such units are offered to the general public.
(16) No final map for a condominium conversion shall be approved unless the City Council finds that the conditions of approval and the requirements of Section 66427.1 of the Subdivision Map Act have been satisfied.
(§ 4, Ord. 1459-NS, eff. April 21, 2006)