Laguna Hills City Zoning Code

Purpose. The purpose and intent of this chapter is to:

Where Permitted. Condominium conversion projects may be allowed in any district, including specific plan areas, in which residential uses are permitted subject to the approval of a conditional use permit.

Review Responsibilities. The Department of Community Development shall review all condominium conversion project applications and make a recommendation to the City Council. The City Council is the final decision making body for condominium conversion projects.

Map Requirements. Unless exempt pursuant to Section 9-87.040, a tentative and final tract map shall be required for all condominium conversion projects creating two or more condominiums as defined in Section 783 of the California Civil Code, a community apartment project containing two or more parcels, or for the conversion of a dwelling to a stock cooperative containing two or more dwelling units.

Applicable Standards. Condominium conversion projects shall conform to:

Existing Condominium Tract Map and Department of Real Estate Approval. A condominium conversion project with a recorded final condominium tract map and approval of the California Department of Real Estate, prior to January 1, 2005, to sell condominiums shall be exempt from the provisions of this chapter, but shall not be exempt from the provisions of the code. For a condominium conversion project with a final condominium tract maps, recorded prior to January 1, 2005, but which does not have Department of Real Estate approval prior to that date, the conversion of existing apartment housing units to a condominium project shall be exempt from the affordable housing requirements of Section 9-87.080 provided that:

Park Fees. The conversion of apartment housing units to residential condominiums shall be exempt from the requirements of parkland dedication or payment of parkland in-lieu fees if, on the date of the City Council approval of a tentative tract map for a condominium conversion project, the apartment housing units are at least five years of age and the conversion creates no additional dwelling units.

Building and Safety Codes. All proposed condominium conversions shall comply with current, city-adopted Building and Safety Code standards.

Utilities. Each condominium unit shall have a separate connection and/or meter for gas service, water service, electrical service, sewer service, cable service and telephone service. Each building sewer lateral shall be retrofitted/fitted with a cleanout in compliance with the California Plumbing Code. If this provision places an unreasonable economic burden on the applicant, the City Council may approve an alternative or waive the requirement.

Trash and Recycling. Where individual trash and recycling pick-up is not provided, common trash and recycling storage shall be provided within a totally walled and roofed structure with a roof not exceeding twelve (12) feet in height. Condominium units should be located within two hundred (200) feet of a pick-up area.

Water Quality. The project shall comply with Chapter 5-36.

Laundry Facilities. Individual laundry facilities shall be provided in each unit.

Surveying. Permanent lot stakes and tags shall be installed at all lot corners by a licensed land surveyor or civil engineer, unless otherwise required by the City Engineer.

Deposits. All cleaning, key and security deposits shall be refunded to each tenant upon vacating the unit, in accordance with applicable state law.

Property and Building History Report. A property and building history report shall be prepared by a California-licensed structural or civil engineer, which shall describe the condition and estimated remaining useful life of each of the following elements of each structure situated within the project proposed for conversion: roofs, foundations, interior and exterior walls, exterior paint, insulation, paved surfaces, mechanical systems, electrical systems, plumbing systems, sewage systems, sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, fire protection systems including any automatic sprinkler systems, alarm systems, standpipe systems, structural elements, drainage systems, condition of refuse disposal facilities, swimming pools, saunas, gyms and recreation rooms, tennis courts, fountains, hardscape, fireplaces and exterior lighting. In addition, the date(s) of construction of all elements of the project and permit history shall be provided.

Pest Inspection Report. A report by a California-licensed structural termite and pest control specialist certifying whether or not all attached and detached structures are free of infestation and structural damage caused by pests and dry rot.

Site and Building Inspection Request. The applicant shall request a special inspection from the Building Department pursuant to Section 9-87.070(A).

Plans. Detailed plot plans and elevations, fully scaled and dimensioned, indicating the type and location of all buildings and structures, parking spaces, landscape and irrigation areas, and signs. Provide an off street parking space assignment and signing plan for residents and guests. Other plans and data may be required as deemed necessary by the Community Development Director and/or City Engineer.

Rental History Report. A rental history report detailing the size, in square footage, of the building or buildings and each unit; the current or last rental rate; the name and address of each present tenant; and the average monthly vacancy over the preceding three years.

Financing Plan. A plan showing the types of sales financing programs to be made available, including any incentive programs for existing tenants and eligible tenants.

Developer Relocation Plan. A relocation plan, which identifies the steps the developer will take to ensure the successful relocation of each eligible tenant in the event that the conversion takes place. The relocation plan shall also state what specific financial or other relocation assistance existing eligible tenants will be given, including the cost of physical moving, first and last months rent, security and cleaning deposits, phone connection and utility deposits. Particular consideration shall be give to senior citizens, disabled persons, families with children, and other tenants who may encounter difficulty in finding a new residence.

Eligible Tenant Report. The applicant shall prepare and submit a report (to the satisfaction of the Community Development Director), which identifies very low, low and moderate income households residing in units that are proposed to be converted in connection with a condominium conversion project and whether any are receiving federal or state rent subsidies. At a minimum the report shall provide an accounting of every unit, including: household size, household income, length of tenancy, identification of physically handicapped or special need tenants, senior citizens, vacant units, and length of vacancy.

Mailing List. A complete mailing list of all tenants occupying the subject property and two corresponding sets of stamped addressed envelopes.

Fire Inspection Report. At the applicant’s expense, the Orange County Fire Authority shall inspect the property to determine the sufficiency of fire protection systems serving the property and report on any deficiencies.

Tenant Notification. Submit evidence of tenant notification, consistent with Section 9-87.100.

Site and Building Inspection. Prior to a condominium conversion application being deemed complete, and at the applicant’s expense, the applicant shall request that the Building Official conduct a detailed site and building inspection for the purpose of verifying the information provided in the property report pursuant to Section 9-87.060(A).

Building Official Report. After conducting the site and building inspection, the Building Official shall identify site and building conditions that do not comply with applicable building and housing codes or are hazardous to the life, health or safety of any occupant of the units within the project or the general public. The applicant shall submit plans, obtain building permits, and correct any such conditions, and submit a report describing the actions taken to correct the conditions. All such conditions shall be corrected to the satisfaction of the Building Official prior to occupancy of the converted units.

Inspection and Review Fee. An appropriate fee to cover the Building Official’s cost to review the property and building report, any subsequent reports prepared pursuant to subsection A of this section, and to conduct the inspection shall be collected. The inspection and review fee shall be based on the city’s hourly rate at the time of submittal and shall be established by resolution of the City Council, based on an estimate of the city’s cost of inspecting the site, reviewing the property report, identifying deficiencies, and verifying corrections.

Require the applicant to sell a specified number of residential condominiums to very low, low, or moderate-income households at an affordable housing cost, to the extent that the apartment housing units contain eligible tenants. The specified number shall be at least equal to the number of units with eligible tenants.

Require the applicant to pay for all costs associated with testing and qualifying eligible tenants for the initial purchase of the affordable units.

Require the applicant to enter into a written agreement with the city to ensure that all affordable units be sold with an affordability covenant that restricts the affordable housing cost, consistent with whether the sale is to very low, low, or moderate income households. Such covenants shall remain in effect for a minimum of five years and a maximum of forty-five (45) years. Such covenants shall be prepared by the City Attorney with reimbursement of costs by developer at the time of sale and shall be recorded superior to all liens.

The City Council may impose additional conditions and requirements as may be reasonable and appropriate.

Existing Tenants. Applicant shall give notice to tenants residing in the apartment housing units proposed to be converted of the applicant’s intent to file an application for a tentative map for condominium conversion project at least sixty (60) days prior to the initial filing of the application. Notice shall be in the form set forth in Section 66452.9 of the Subdivision Map Act. If the condominium conversion project is approved, the applicant shall give all tenants a minimum of one hundred eighty (180) days’ advance written notice of the termination of their tenancy.

Prospective Tenants. Commencing at a date not less than sixty (60) days prior to filing of a tentative map, the applicant shall give notice to each person applying to rent or lease a unit proposed to be converted of the applicant’s submittal of an application for a condominium conversion project prior to the applicant’s acceptance of any rent or deposit from the prospective tenant. Notice shall be given in the form set forth in Section 66452.8 of the Subdivision Map Act. Failure of an applicant to provide such notice shall not be grounds to deny the application but shall make the applicant subject to the penalties specified in Section 66452.8 of the Subdivision Map Act.

Evidence of Tenant Notification. Applicant shall submit to the City, evidence in writing, certified under penalty of perjury, showing that the notification requirements specified in subsections A and B of this section have been satisfied.

That the proposed conversion will not displace a significant percentage of very low, low or moderate income households or delete a significant number of very low, low and moderate-income rental units from the city’s housing stock at a time when equivalent housing is not readily available in the city.

That the applicant complied with all tenant notification responsibilities, as required by Section 66427.1 of the Subdivision Map Act.

The City Council shall hold at least one public hearing on each application for a condominium conversion. The hearing shall be set and a notice given pursuant to state law.

The City Council may impose additional conditions on a tentative map or conditional use permit approval including, but not limited to: