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La Verne City Zoning Code

CHAPTER 18

92 CONDOMINIUM CONVERSIONS

§ 18.92.010 Purpose.

The purpose of this chapter is to regulate the conversion of existing multiple-family residential buildings into condominiums, community apartments or stock cooperatives, and mobile home parks into mobile home subdivisions, cooperatives or condominiums, in order to provide for the housing needs of all economic segments of the community by:
A. 
Insuring a reasonable balance of rental and ownership housing units and mobile home sites in the city and a variety of individual choices of tenure, type, price and location;
B. 
Maintaining the supply of rental housing units and mobile home sites for low and moderate income persons and families;
C. 
Reducing and avoiding the displacement of residents, particularly senior citizens and families with school-age children, who may be required to move from the community due a shortage of replacement rental housing units and mobile home sites;
D. 
Providing notification, adequate time and assistance for such relocations;
E. 
Assuring that the purchasers of converted multiple-family residential buildings and mobile home parks have been properly informed as to the physical condition of those units and sites that are offered for purchase; and
F. 
Insuring that converted housing units and mobile home sites achieve a high degree of appearance, quality and safety and are consistent with the housing goals of the city.
(Prior code § 9736.0000)

§ 18.92.020 Definitions.

For the purpose of this chapter, terms used in this chapter are defined as follows:
"Date of conversion"
means the date the final tract map or parcel map for the conversion is approved by the city council and the applicant has demonstrated compliance with all applicable provisions of this chapter and the conditional use permit.
"Handicapped tenant"
means a person who, because of disability or blindness, receives income from the Social Security Administration under the Supplemental Security Income Program for the Aged, Blind and Disabled.
(Prior code § 9736.0001)

§ 18.92.030 Conditional use permit approval required.

No person, firm, partnership or other entity shall convert a multiple-family residential building into condominiums, community apartments, or a stock cooperative or a mobile home park into a mobile home subdivision, cooperative or condominiums without first having received conditional use permit approval and final tract map or parcel map approval from the city. No application for approval of a tentative tract map or parcel map for a conversion shall be deemed filed until the applicant has received a conditional use permit.
(Prior code § 9736.0002)

§ 18.92.040 Procedure.

A request for a conditional use permit to convert a multiple-family residential building into condominiums, community apartments or a stock cooperative or a mobile home park into a mobile home subdivision, cooperative or condominiums shall be processed in accordance with Chapter 18.108 of this title. The application for a conditional use permit for a conversion shall contain, in addition to the information required by Section 18.108.060, such additional filing requirements as are set forth on forms provided by the city.
(Prior code § 9736.0003)

§ 18.92.050 Tenant notification.

A notice of intent to convert shall be delivered to each tenant's housing unit or mobile home site by certified mail not later than five days after an application for conditional use permit has been filed with the department of planning. Evidence of delivery shall be submitted by the applicant no later than five days prior to the date on which the application is set for public hearing. The form for the notice of intent to convert shall be as approved by the planning department and shall contain not less than the following:
A. 
Name and address of current owner;
B. 
Name and address of the proposed subdivider;
C. 
Date on which the application for conversion is set for public hearing;
D. 
Approximate date on which the tentative tract map is proposed to be filed;
E. 
Approximate date on which the final tract map or parcel map is proposed to be filed;
F. 
Approximate date on which the unit or site is to be vacated by a nonpurchasing tenant;
G. 
Tenant's right to purchase;
H. 
Tenant's right of notification;
I. 
Provisions for special cases;
J. 
Provisions for moving expenses;
K. 
Such other information as may be deemed necessary by the planning department.
(Prior code § 9736.0004)

§ 18.92.060 Special cases and exempted persons.

No tenant of a multiple-family residential building or of a mobile home park who is handicapped and the head of household or who is over the age of sixty-two and head of household shall be required to move by reason of the conversion during the first six months after the date of conversion, in order that such tenant has adequate time in which to obtain comparable replacement housing. No tenant of a mobile home park who is the owner-occupant of a mobile home shall be required to move by reason of the conversion during the first year after the effective date of the conversion, in order that such tenant shall have adequate time in which to obtain a comparable replacement space to which to move the mobile home. If within the year period, the mobile home cannot be relocated to another mobile home park within a ten-mile radius of the city boundaries, the applicant shall be required to purchase the mobile home at the fair market value, determined by an independent appraiser with mobile home appraisal expertise.
(Prior code § 9736.0005)

§ 18.92.070 Moving expenses.

A. 
The applicant shall provide moving expenses of one and one-half times the current monthly rent to any tenant who gave notice of his or her intent to move subsequent to delivery of the notice to convert and who moves from the multiple-family residential building.
B. 
In the case of mobile home parks converted into mobile home subdivisions, the applicant shall provide moving expenses of fourteen times the monthly rental rate for single-wide coaches and twenty-four times the monthly rental rate for double-wide coaches.
(Prior code § 9736.0006)

§ 18.92.080 Notice to new tenants.

After an application for a conditional use permit has been filed, any new tenants shall be notified in writing of the intent to convert the multiple-family residential building or mobile home park prior to leasing or renting any unit or space, but new tenants shall not be entitled to moving expenses pursuant to Section 18.92.070.
(Prior code § 9736.0007)

§ 18.92.090 Bulletin of available rental units.

The applicant shall provide all tenants with current rental information in the form of a semi-monthly bulletin listing available units, if the conversion is of a multiple-family residential building, or spaces, if the conversion is of a mobile home park, in the city and the area within a five-mile radius of the city boundaries that are comparable in size and monthly rent, except that for the conversion of a mobile home park, the applicant shall list available spaces within a ten-mile radius of the city boundaries. The provision of such bulletins shall begin within two weeks after approval of the application for the conditional use permit becomes final. The information to be contained in the bulletin shall include the following:
A. 
Size of unit and number of bedrooms or size of space;
B. 
Rental fees, including not only monthly charges, but all deposits;
C. 
Address of the unit or space;
D. 
Local amenities, such as schools, churches and shopping areas;
E. 
Name, address and telephone number of the manager of the multiple-family residential building or mobile home park;
F. 
Possible conversion applications.
(Prior code § 9736.0008)

§ 18.92.100 Compliance with zoning.

All multiple-family residential buildings or mobile home parks sought to be converted shall be, on the date of conversion, in compliance with this title for the construction of planned residential unit developments or new mobile home parks, as applicable, and other federal, state or local requirements, as applicable.
(Prior code § 9736.0009)

§ 18.92.110 Unit or site size.

The enclosed living or habitable area of each unit in a multiple-family residential building to be converted shall be not less than six hundred square feet, and the area for each mobile home site in a mobile home park to be converted shall be not less than three thousand five hundred square feet, unless the planning commission determines at the time of approval of the application for the conditional use permit that other project amenities compensate for the minimum required enclosed living area or site area. Compensating amenities include, but are not limited to, the following:
A. 
Private enclosed open space;
B. 
Enclosed, developed facilities within the common areas;
C. 
Covenants, conditions and restrictions restricting density;
D. 
Compatibility of the density of the total project in relation to the project amenities and the surrounding neighborhood.
(Prior code § 9736.0010)

§ 18.92.120 Utility metering.

The consumption of gas and electricity within each unit or on each site shall be separately metered so that the owner of the unit or site can be separately billed for utilities. Each unit or site shall have access to its own meters and to its own panel for all electrical circuits that serve the unit or site, and such access shall not require entry through another unit or site.
(Prior code § 9736.0011)

§ 18.92.130 Laundry facilities.

In converted multiple-family residential buildings, a laundry area shall be provided in each unit, or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each ten units or fraction thereof.
(Prior code § 9736.0012)

§ 18.92.140 Sound-proofing.

In converted multiple-family residential buildings, wall and floor-ceiling assemblies shall conform to Title 35 of the Uniform Building Code, or its successor. Permanent mechanical equipment, including domestic appliances, that is determined by the planning director and building official to be a potential source of vibration or noise shall be mounted, isolated from the floor and ceiling or otherwise installed in a manner approved by the planning director and building official to lessen the transmission of vibration and noise. Floor covering shall only be replaced by another floor covering that provides not less than the required insulation.
(Prior code § 9736.0013)

§ 18.92.150 Public easements.

The applicant shall make provisions for the dedication of land or easements for street widening, public access or other public purpose in connection with the project where necessary and in accordance with established, planned improvements.
(Prior code § 9736.0014)

§ 18.92.160 Fire prevention equipment.

In converted multiple-family residential buildings, each unit shall be provided with approved detectors of products of combustion other than heat conforming to the latest Uniform Building Code standards, mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. For each conversion, whether of a multiple-family residential building or of a mobile home park, all on-site fire hydrants, fire alarm systems, portable fire extinguishers and other fire protective appliances shall be retained and maintained in an operable condition at all times by the homeowners' association and shall be so delineated in the covenants, conditions and restrictions.
(Prior code § 9736.0015)

§ 18.92.170 Condition of equipment and appliances.

The applicant for the conversion of a multiple-family residential building shall provide written certification to the buyer(s) of each unit on the initial sale after conversion that any dishwasher, garbage disposal, stove, refrigerator, hot water tank, air conditioner or heating system that is provided is in working condition as of the close of escrow. The applicant for the conversion of a mobile home park shall provide written certification to the buyer(s) of each site on the initial sale after conversion that any hook-ups that are provided are in working condition as of the close of escrow. At such time as the homeowners' association takes over management of the project, the applicant shall provide written certification to the association that any pool and pool equipment and any appliance and mechanical equipment to be owned in common by the association is in working condition.
(Prior code § 9736.0016)

§ 18.92.180 Planning commission action.

The planning commission may grant a conditional use permit for the conversion of an existing multiple-family residential building into condominiums, community apartments, or a stock cooperative or an existing mobile home park into a mobile home subdivision, cooperative or condominiums if the planning commission finds, in addition to those findings set forth in Section 18.108.030 of this title, the following:
A. 
The proposed conversion will conform to this chapter and all other applicable provisions of this code in effect at the time of approval;
B. 
The overall design and physical condition of the conversion will result in a project that is aesthetically attractive, safe and of quality construction;
C. 
The proposed conversion will not displace a significant percentage of low and moderate income tenants, or tenants with children, nor will it delete a significant number of low and moderate income rental units or site from the city's housing stock at a time when no equivalent housing is readily available in the La Verne area. In making this finding, consideration shall be given to:
a. 
Whether the amount and impact of the displacement of tenants would be detrimental to the health, safety or general welfare of the community,
b. 
Whether the building, if the conversion is of a multiple-family residential building, was constructed under a publicly assisted rental housing program and is currently serving the housing needs of low and moderate income households, low and moderate income to be as determined by current federal and state governmental criteria,
c. 
Whether the need, demand and community benefits derived from the provision of lower cost home ownership opportunities would be increased by the conversion.
(Prior code § 9736.0017)