Laguna Beach City Zoning Code
CHAPTER 25
47 CONDOMINIUM CONVERSIONS
§ 25.47.010 Purpose.
In that condominiums often differ from apartments in several respects, including design, construction and maintenance controls, it is necessary that standards controlling the conversion of residential buildings currently and/or previously occupied by tenants to residential units owned separately, as in a condominium, or collectively, as in a stock cooperative, be adopted for the protection of purchasers and the community at large. In order to achieve this purpose the planning commission is empowered to grant and to deny applications for a condominium conversion permit in such zones as are prescribed in the zone regulations and to impose reasonable conditions upon the granting of a condominium conversion permit, subject to the right of appeal to the city council or to review by the city council.
(Ord. 977 § 1, 1980)
§ 25.47.020 Applicability and scope.
(A)
The provisions of this chapter shall apply to any proposal to convert an existing housing development which has been or is being occupied to a residential condominium project. For the purpose of this chapter, "residential condominium" means and includes the following:
(Ord. 977 § 1, 1980; Ord. 1060 § 3, 1984)
§ 25.47.030 Application procedure.
(A)
Documents Required.
(1)
An application for a condominium conversion permit shall be filed with the director of community development on a form prescribed by the director of community development and shall include the following data and maps:
(a)
Name and address of the applicant;
(b)
Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located;
(c)
Address and legal description of the property;
(d)
Statement indicating the precise manner of compliance with each of the applicable provisions of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a condominium conversion permit;
(2)
A comprehensive building report prepared by a licensed civil, structural engineer or licensed architect, which includes: material, date(s) of original construction, type of construction, condition, and present useful life where applicable to the following:
(a)
Walls, interior and exterior;
(b)
Plumbing;
(c)
Electrical;
(d)
Roof;
(e)
Walks;
(f)
Garaging;
(g)
Insulation;
(h)
Life safety systems;
(i)
Trash disposal;
(j)
Tiling;
(k)
Fixtures and appliances;
(l)
Drainage;
(m)
Landscaping;
(n)
Swimming pools, jacuzzis, hot tubs, saunas, fountains or other similar recreational facilities;
(o)
Driveways;
(p)
Walls and fences;
(q)
Stones or brickwork;
(r)
Heating, including furnaces;
(s)
Air conditioning;
(t)
Fireplaces;
(u)
Floors;
(v)
Laundry facilities;
(w)
Exterior lighting;
(x)
Deferred maintenance;
(y)
Number and composition of existing tenants.
(3)
Plot plans and elevations, full dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs. Screening, landscape and irrigation plans shall be included in the plans.
(4)
Such other plans and data as are deemed necessary by the director of community development.
(5)
A structural pest report prepared and certified by a licensed structural pest control operator, which report may be filed after tentative approval but not later than twenty days prior to submittal of the final map.
(6)
A report shall be submitted to the director of community development setting forth all repairs and replacements necessary, if any, to immediately place the buildings in substantial compliance with the Uniform Building Code, Uniform Housing Code, National Electrical Code, Uniform Plumbing Code, Uniform Fire Code, Uniform Mechanical Code, and any other uniform building-related codes as modified and adopted by the city and the probable cost of such work. Such report shall include a report prepared by a licensed mechanical engineer verifying the condition of the mechanical elements of the project, including, but not limited to, furnaces, air conditioners, pipes, water heaters and plumbing fixtures.
(B)
Upon receipt of the application and all documents as required, the director of community development shall submit copies of applicable reports or documents to the fire department, building division and other departments and divisions as found necessary.
(C)
The building official shall cause an inspection to be made of all buildings and structures in the existing development. An inspection report shall be prepared at or under his direction identifying all items found to be in violation of current code requirements for such buildings or structures, or found to be hazardous.
(D)
The fire marshal shall cause an inspection to be made of said project to determine the sufficiency of fire protection systems serving said project and report on deficiencies.
(E)
The director of community development may submit copies of such documents to other departments for their review and requirements, as set forth elsewhere in this code.
(F)
The building official or designee shall review the property report submitted by applicant and may require its revision and resubmission if found inadequate in providing the required information.
(Ord. 977 § 1, 1980)
§ 25.47.040 Fees.
The application shall be accompanied by a fee established by resolution of the city council to cover: (1) the cost of handling and processing the application and documents prescribed by this chapter; and (2) the cost of the inspections required by this chapter.
(Ord. 977 § 1, 1980)
§ 25.47.050 Public notice and planning commission hearings.
Upon acceptance of an application for a condominium conversion permit, the director of community development shall cause the matter to be set for hearing before the planning commission, the hearing to be not more than forty-five days from the acceptance of the application. Public notice of the hearing shall be subject to the provisions of Section 25.05.065, and shall be mailed to all tenants of the project apartments proposed to be converted to condominiums. However, if a coastal development permit is required pursuant to Chapter 25.07, noticing for that type of permit shall instead be carried out through the public notice provisions of Section 25.07.014. At the public hearing the commission shall review the application and supporting documentation submitted therewith, and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained.
(Ord. 977 § 1, 1980; Ord. 1555 § 12, 2011; Ord. 1577 § 12, 2013)
§ 25.47.060 Planning commission consideration and findings.
(A)
Within thirty days after the conclusion of the public hearing, the planning commission shall approve, conditionally approve, or deny the condominium conversion permit application. Notice of the action taken shall be mailed to the applicant.
(B)
The commission, in approving a condominium conversion permit application, shall by resolution adopted by an affirmative vote of not less than the majority of its total voting members, find as follows:
(1)
That the proposed location of the condominium conversion project is consistent with the land use designations of the general plan and the purpose of the zone in which the site is located;
(2)
That the proposed location of the condominium conversion project and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity;
(3)
That the proposed condominium conversion project will comply with each of the applicable provisions of this title, except for approved variances;
(Ord. 977 § 1, 1980)
§ 25.47.070 Appeals to or review by city council.
(A)
Initiation of Appeal. The applicant or any other person who is not satisfied with the decision of the planning commission, may appeal to the city council by filing a written notice of appeal with the city clerk within twenty days after the decision of the planning commission. The notice of appeal shall be on the form provided and shall state the grounds for the appeal and shall specify wherein the planning commission is alleged to have erred, or has failed to conform to the requirements of this title. The notice of appeal shall be accompanied by the required filing fee as established by resolution of the city council.
(B)
Right of Review by City Council. Any member of the city council may initiate proceedings for review by the city council of any decision of the planning commission granting or denying a condominium conversion permit by verbal or written request presented at a regular meeting of the city council within twenty days after the decision of the planning commission. The city clerk shall set a date for public hearing and give notice thereof in the manner specified in subsection (C). The procedures set forth in subsections (D) through (F) shall be applicable to any review proceedings by the city council.
(C)
Date and Notice. Upon receiving a notice of appeal, the city clerk shall set a date for public hearing on the appeal which shall not be less than ten nor more than thirty days from the date of filing of the appeal. The city clerk shall give notice of the appeal to all tenants in the project proposed to be converted as contained in the application, to the owners of property within three hundred feet of the subject property, to the applicant and to the appellant. The city clerk shall mail written notice of the date of the hearing to the appealing party and shall also transmit a copy of the notice of appeal to the director of community development.
(D)
Record of the Planning Commission. Upon receiving the notice of appeal, the director of community development shall transmit to the city council the written findings of the planning commission, together with all maps, exhibits and other documentary evidence considered by the planning commission in reaching its decision.
(E)
City Council Decision. The city council may by resolution reverse wholly or in part, or may modify any decision, determination or requirement of the planning commission, and shall state in said resolution the reasons for its decision. At least four affirmative votes shall be required to overrule any decision of the planning commission denying a condominium conversion permit.
(F)
Withdrawal of Appeal. An appeal may be withdrawn at the request of the appealing party at any time prior to the decision of the city council.
(Ord. 977 § 1, 1980)
§ 25.47.080 Revocation or lapse of condominium conversion permits.
(A)
Revocation. The planning commission may by resolution and after public hearing with notice in accordance with Section 25.47.050, revoke any condominium conversion permit for noncompliance with any of the conditions set forth in the resolution granting the application. Written notice of intention to revoke shall be mailed to the applicant not less than thirty days before the hearing by the planning commission. The revocation may be appealed in the manner provided in Section 25.47.070 of this section.
(B)
Lapse of Condominium Conversion Permit. A condominium conversion permit shall lapse and shall become void one year after the date on which the conversion permit became effective, unless prior to the expiration of one year: a building permit is issued and construction is commenced and diligently pursued toward completion of the project which was the subject of the conversion permit application; or a certificate of occupancy was issued for the structure which was the subject of the condominium conversion permit application. A conversion permit subject to lapse may be renewed for an additional period of one year, provided that prior to the expiration date, an application for renewal of the conversion permit is filed with the planning commission. The planning commission may grant or deny an application for renewal of the condominium conversion permit.
(Ord. 977 § 1, 1980)
§ 25.47.090 Certificate of occupancy required.
In addition to the condominium conversion permit required by this chapter, any project proposed under this chapter shall require the issuance of a certification of occupancy by the building official. The certificate may be applied for concurrently with the condominium conversion permit but no certificate shall be issued until the permit is issued and all conditions of this chapter have been complied with.
(Ord. 977 § 1, 1980)
§ 25.47.100 Tenant relocation.
(A)
The applicant shall notify in writing all tenants of his or her intention to convert to condominium one hundred eighty days prior to termination of tenancy due to the conversion or proposed conversion.
(B)
The present tenant or tenants of any unit to be converted shall be given an exclusive right to contract to purchase the unit occupied. Such right shall be irrevocable for a period of sixty days after the commencement of sales.
(C)
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 tenant signed rental or lease agreements, the applicant shall compensate the tenants for their relocation expenses as follows:
(1)
Actual costs of relocation not to exceed five hundred dollars per residential unit, to be paid at the time of the notice of termination (eviction) is presented;
(2)
The applicant shall, where possible, permit a tenant to terminate any lease or rental agreement without any penalty whatsoever after notice has been given of the intention to convert to condominiums, if such tenant notifies the applicant in writing thirty days in advance of such termination;
(3)
The applicant shall allow an extension of time to permit a tenant or tenant's dependent to complete a school's semester or quarter as the case may be.
(Ord. 977 § 1, 1980)
§ 25.47.110 Development standards.
(A)
All condominium conversion units shall have separate service systems, including water service, gas and electrical. All services shall be individually metered to all condominiums. Main sewer lines shall be in easements when not in the public right-of-way.
(B)
All buildings and structures shall be made to comply with all existing and applicable building and housing regulations of the city in effect at the time of condominium conversion permit issuance. All condominium conversion units shall be brought into compliance with dwelling unit requirements as set forth in the Uniform Plumbing Code, National Electrical Code, Uniform Mechanical Code, and Uniform Building Code, as modified and adopted by the city.
(C)
All units proposed to be converted shall comply with the parking ordinance of the city in effect at the time application for condominium conversion permit is made.
(D)
Each unit shall be separated by a two-hour fire rated sound attenuated wall.
(E)
Three hundred cubic feet of private storage space shall be provided for each unit. Customary closets and cupboards within the dwelling unit shall not be credited for meeting this requirement.
(F)
Each unit shall have separate laundry facilities or a conveniently located common laundry facility.
(G)
Living units shall not be permitted over garages unless one of the following conditions exists: (1) the garage serves the unit above; (2) the garage is an underground type parking garage; or (3) adequate sound attenuation and fire protection measures are provided between the unit and the garage as approved by the building official and fire marshal.
(H)
Each garage shall not be located more than one hundred feet walking distance from the unit it serves.
(I)
The applicant shall improve or post a cash 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 current policy. These improvements may include but shall not be limited to curbs, gutters, sidewalks, ramps, driveways, drainage devices, trees, tree wells and street lights.
(J)
Each unit to be converted shall be provided with an approved smoke detector.
(K)
All garbage disposals, dishwashers, water heaters, ranges, ovens and through-the-wall air conditioners which are more than three years old shall be replaced.
(L)
Covenants, conditions and restrictions shall be recorded which shall provide for perpetual maintenance of grounds and buildings and shall include a full statement of the age of the buildings and any modifications and refurbishings started and/or completed within one year of offering the project for sale as a condominium, and shall provide an explanation to the buyer of his responsibility for sharing the maintenance and upkeep of buildings and structures within the project area other than his own unit. A copy of the conditions, covenants and restrictions shall be approved in advance of recordation by the city attorney and filed in the office of the director of community development.
(M)
Wall-to-wall carpeting shall be required in all rooms except kitchens and bathrooms where a sound transmission class of fifty is not met by existing floor-to-ceiling assemblies.
(N)
All fees for sanitary sewers shall be paid, if not previously paid.
(Ord. 977 § 1, 1980; Ord. 1028 § 1, 1982)
§ 25.47.120 Exceptions.
(A)
Recognizing that conversions of existing structures to condominium usage present unique problems with respect to meeting the requirements of condominium construction, the planning commission may vary, upon application, by the applicant for the condominium conversion permit in accordance with the provisions of Chapter 25.44 of this title, the development standards found in Section 25.47.110 with regard to a particular conversion project upon the additional findings that the creation of the proposed conversion will not have the potential to contravene the intent and purpose of this chapter.
(Ord. 977 § 1, 1980; Ord. 1010 § 2, 1981; Ord. 1061 § 4, 1984)