In order to provide for the housing needs of all economic segments of the community, the city declares that the purposes of this article are as follows:

(a)

To ensure that rental units being converted to condominiums meet reasonable physical standards as required by this article and building codes of the city in effect at the time of conversion.

(b)

To help mitigate the impact of eviction for residents of rental units as a result of their units being converted to condominiums.

(c)

To promote the concept of home ownership and to bring a greater amount of owner-occupied housing on the market affordable by all economic segments of the community, thus encouraging participation in the various economic and social benefits associated with home ownership.

(Ord. No. 1564, § 2, 7-29-97)

In addition to the requirements of this article and article VIII of this chapter and chapter 70, subdivisions, the application for a condominium conversion shall include the following:

(a)

A condominium conversion application.

(b)

Tenant and rental information, which shall consist of the name and address of each present tenant of the project and the identification of the vacant units.

(c)

A schedule of proposed improvements, which shall be made to the project prior to any sales. The list shall not prohibit the applicant from making improvements.

(d)

A plot plan of the project including the location and sizes of structures, parking layout and access areas.

(Ord. No. 1564, § 2, 7-29-97)

(a)

Upon receipt of an application to convert under this article, along with an application for a tentative map as required by chapter 70, and the additional reports required in section 90-242, the director shall submit copies of applicable reports or documents to the fire department, building section and other departments as found necessary.

(b)

The building official shall inspect the premises for needed repairs to bring the project into compliance with the applicable building codes. The cost of the inspection shall be borne by the developer.

(c)

The fire chief shall inspect the premises for needed fire protection systems to bring the project into compliance with the applicable fire codes. The cost of the inspection shall be borne by the developer.

(d)

The director shall inspect the premises for needed improvements to bring the project into conformance with the applicable sections of the zoning ordinance. The cost of the inspection shall be borne by the developer. Improvements which required modification to the site plan and/or building(s) shall be submitted to the building official and fire chief for review and compliance with the applicable building and fire codes.

(Ord. No. 1564, § 2, 7-29-97)

(a)

Correction of deficiencies.

(1)

The developer shall correct bring required by the building inspection report prepared pursuant to this article shall be made by the developer, at the developer's expense, to the satisfaction of the building official.

(2)

The developer shall correct any deficiencies in the fire protection system required by law.

(3)

The developer shall repair or replace any damaged or infested areas in need of repair or replacement as shown in the structural pest control report, which shall be prepared by a licensed structural pest control operator and dated and filed at least 30 days prior to the submittal of the final map.

(4)

The developer shall bring into conformity any zoning ordinance violations.

(b)

Final inspection report. A final inspection report shall be prepared by the building official prior to consideration of the final map, indicating compliance with all requirements imposed in this article.

(c)

Street improvements.

(1)

The developer shall post cash or a bond with the city guaranteeing the installation of the improvements to city standards, of substandard or deficient street improvements fronting the property within the public right-of-way to the satisfaction of the city engineer in accordance with the latest adopted City of Hemet Standard Specifications for Public Works Construction. These improvements may include but shall not be limited to curbs, gutters, sidewalks, ramps, driveways, drainage devices, trees and tree wells, and streetlights.

(2)

The width of the public rights-of-way and roadway of the streets abutting the property shall conform to the minimum standard of the circulation element of the general plan.

(d)

Sewer service. If the apartment proposed for condominium conversion has not paid a sanitary sewer line charge as required by Municipal Code, it shall pay a charge equal to the amount applicable to a single-family residence times the number of units in the condominium. Payment of the fee shall be prior to the submittal of the final map.

(e)

Conversion records. The planning department shall keep and maintain the copies of all reports required by this article as public records for no less than five years, and shall send copies to the State Real Estate Commissioner as may be required by law.

(Ord. No. 1564, § 2, 7-29-97)

(a)

The city shall notify in writing all tenants in any building being proposed for conversion to this article no less than ten days prior to the planning commission meeting regarding the tentative map for the project.

(b)

Each tenant shall be given a minimum of 150 days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion.

(c)

The present tenant of any unit to be converted shall be given an exclusive right to contract to purchase the unit occupied as provided by state law.

(d)

Unless tenants of the building proposed to be converted were given written notice of the intention to convert to condominiums by the owner or owner's agent at the time the tenants signed rental or lease agreements, the developer shall compensate the tenants for their relocation expenses as follows. Actual cost of relocation shall not exceed $500.00 per residential unit and shall be paid at the time the notice of termination (eviction) is presented, if prior to the submittal of the final map. If notice of termination of residency has not been presented and the relocation fee has not been paid prior to the filing of the final map, the owner of the property shall submit written evidence to the city that he has entered into an agreement with each tenant to provide actual costs of relocation, not to exceed $500.00, to the tenant at the time the notice of termination or eviction is served.

(Ord. No. 1564, § 2, 7-29-97)

Condominium conversions shall meet the following minimum standards:

(a)

Parking.

(1)

For condominium conversions of buildings constructed before January 1, 1974, one and one-half covered accessible parking spaces shall be provided for each dwelling unit.

(2)

For condominium conversions of buildings constructed between January 1, 1974 and July 12, 1979, parking spaces shall conform to parking code requirements of article XL.

(3)

For condominium conversions of buildings constructed after July 12, 1979, two covered parking spaces for each dwelling shall be required.

(b)

Sound attenuation. Unless existing floor-to-ceiling assemblies between separate units meet a sound transmission class of 50, as certified in the inspection report, wall-to-wall carpeting shall be required in all rooms of dwelling units, with the exception of bathroom, kitchen and private open space areas. The planning commission, upon recommendation of city staff, may require additional areas to sound attenuated to an interior level of 45 dB(A).

(c)

Storage space. Each dwelling unit shall be provided with a minimum of 60 cubic feet of enclosed storage space outside the dwelling unit.

(d)

Density. Each apartment building proposed for conversion shall comply with the maximum density indicated in the land use element of the general plan, if less than three years has elapsed between the date of final construction and the date of application.

(e)

Fire detection systems. Early warning smoke detection systems in the living quarters and fire protection appurtenances as required by current state and local law shall be required for all condominium conversions.

(Ord. No. 1564, § 2, 7-29-97)

(a)

To achieve the purpose of this article, the developer shall include a copy of those portions of the declaration of restrictions proposed to be recorded as required by state law, together with any and all documents required and relating to the items regulated by this article, in all proposals for condominium subdivisions. Once the declaration is accepted in final form by the director, none of the portions of the declaration shall be amended, modified or changed without first obtaining the written consent of the director, and all the declarations shall contain, at the end of each a provision, a statement to that effect.

(b)

The impact insulation class (IIC) rating of all separating floor/ceiling assemblies, as required by section 90-214(l), shall be described in the declaration. Where the minimum IIC rating is obtained through the use of floor covering, the declaration shall provide that the covering shall not be removed for any purpose except cleaning or replacement, and further provide that any replacement covering shall furnish the same or a greater degree of impact insulation as that originally installed.

(Ord. No. 1564, § 2, 7-29-97)

(a)

An exclusive easement to airspace of private storage areas, including but not limited to the private space required by section 90-246(c), shall be described and conveyed with each unit in a condominium conversion.

(b)

An exclusive easement for required off-street parking spaces shall be conveyed with each unit All parking spaces shall be used solely by unit owners, members of their families, their guests or lessees of the owner's unit. A unit's occupant within the condominium project may rent one space to another unit occupant or to the condominium association, provided that a minimum of one space is retained for use in conjunction with the residential unit.

(Ord. No. 1564, § 2, 7-29-97)

Recognizing that conversion of existing structures to condominium usage presents unique problems with respect to meeting the requirements of condominium construction, the planning commission may approve, upon application by the developer concurrent with the request for condominiums, less than the minimum standards of section 90-246. A finding shall be made in granting the exception that the creation of the proposed condominium will not have the potential to contravene the intent and purpose of this article.

(Ord. No. 1564, § 2, 7-29-97)