The purposes of this chapter are to insure a reasonable balance of rental and ownership units in the city in a variety of different housing types, prices and densities; and at the same time provide additional home-ownership opportunities for all segments of the population; to mitigate the hardship caused by displacement of tenants, particularly the elderly and handicapped, and those of low income or special housing needs; to promote the upgrading of condominium conversion projects; to provide adequate off-street parking; and generally to regulate projects in accordance with applicable general plan and code requirements to promote the public health, safety and general welfare.

(Ord. 83-03-904 § 5 (part): Ord. 78-11-809 § 2 (part): prior code § 19.52.600 (A))

   The provisions of this chapter apply to all applications for condominium development, including condominium conversion, and to community apartment projects and stock cooperatives, as defined by the California Business and Professions Code, which the planning commission or city council has not approved prior to December 21, 1978. All references in this chapter to "condominiums" shall be deemed to include stock cooperatives and community apartments, and all references in this chapter to "condominium conversions" shall be deemed to include conversions to stock cooperatives and to community apartments.

(Ord. 83-03-904 § 5 (part): Ord. 78-11-809 § 2 (part): prior code § 19.52.600(B))

   Any development producing new and previously unoccupied buildings and structures intended for condominium ownership shall comply with all requirements of Title 15 of this code and with all zoning regulations and property development standards.

(Ord. 78-11-809 § 2 (part): prior code § 19.52.610(A))

   In addition to any other requirements of this chapter, any development producing new and previously unoccupied buildings and structures intended for condominium ownership shall comply with the following requirements:

   A.   The consumption of gas and electricity within each condominium unit shall be separately metered so that the unit owner can be separately billed for each utility.

   B.   Condominium units shall not have separate television and radio antennas. Either a central antenna will be provided with connections to each unit via underground or internal wall wiring, or each unit shall be served by a cable antenna service provided by a company licensed to provide such service within the city.

   C.   Required off-street parking, except guest parking, shall be permanently and irrevocably assigned to particular condominium units within the development on the basis of the parking requirements of the zoning district in effect at the time of application.

(Ord. 78-11-809 § 2 (part): prior code § 19.52.410(B))

   All organizational documents including the declaration of covenants, conditions and restrictions, the articles of incorporation, the bylaws, and any contracts for maintenance, management, or operation of the condominium development shall be submitted to and approved by the city prior to issuance of building permits.

(Ord. 78-11-809 § 2 (part): prior code § 19.52.610 (C))

   No condominium conversion shall be permitted in any zoning district unless such zone permits such type of use and until a conditional use permit is obtained, as provided in Section 20.50.150.

(Ord. 83-03-904 § 5 (part): Ord. 78-11-809 § 2 (part): prior code § 19.52.620(A))

   At the time of submission of the subdivision map to the city, and in addition to all documents, maps, plans, information and reports required by Title 18 of this code, any person seeking approval of a condominium conversion development shall submit the following reports:

   A.   A report showing the extent to which the proposed condominium conversion will not comply fully with the building and zoning requirements of the city existing as of the date of application, and also as to the date of the issuance of the building permit for the original construction of the building;

   B.   A property report describing the condition and useful life of the roof, foundations, mechanical, electrical, plumbing, and structural elements of all existing buildings and structures. Such report shall be prepared by a registered civil or structural engineer or a licensed general building contractor or general engineering contractor. Such report may be waived where the building official finds that comparable information is available in a different form;

   C.   Any other information which the director of planning and community development determines will assist in determining whether the proposed project will be consistent with the purposes of this chapter.

(Ord. 83-03-904 § 5 (part): Ord. 78-11-809 § 2 (part): prior code § 19.52.060(B))

   A.   Prior to receipt of an application for a conditional use permit, the department of planning and community development shall cause an inspection to be made of all buildings and structures in the proposed condominium conversion project. The department shall prepare an inspection report identifying all items in violation of Title 15 of this code, and any equipment and facilities determined to be deteriorated or hazardous. The applicant shall pay a fee for the inspection as established by resolution of the city council.

   B.   The applicant shall correct all violations of Title 15 of this code and repair or replace any equipment or facilities determined by the building inspector to be deteriorated or hazardous prior to approval of the final map for the conversion. The applicant shall pay a fee for any additional inspections required to determine compliance as established by resolution of the city council.

   C.   The department of planning and community development shall issue a certificate of occupancy for all condominium conversion projects upon satisfactory compliance with all conditions of approval, requirements of this chapter, Title 18 of this code, and state law. Said certificate shall be required prior to the sale, lease, use or occupancy of any building or structure as a condominium, regardless of the previous use, occupancy or tenancy, and regardless of whether any changes, alterations or modifications have been made to any portion of any existing building or structure.

(Ord. 83-03-904 § 5 (part))

   A.   All condominium conversions shall comply with all requirements of Title 15 of this code.

   B.   In addition to any other requirements of this chapter, any condominium conversion shall comply with the following requirements, unless waived by the commission in accordance with the provisions of this chapter:

   1.   The off-street parking requirements of the RH zoning district in effect at the date of application shall apply, but available off-street unenclosed surface parking spaces located on the property to be converted, with the exception of a tandem space(s), and/or parking space located within the front yard setback, shall count towards meeting the parking requirements.

   2.   The consumption of gas and electricity within each condominium unit shall be separately metered so that the unit owner can be separately billed for each utility. Either a separate water shutoff valve shall be provided for each condominium unit, or a separate water shutoff valve shall be provided for each plumbing fixture in each condominium unit.

   3.   The density provisions of the zoning district in effect at the time of application shall apply, but the conversion of multiple residential units constructed under a different density standard may be approved if the number of condominium units does not exceed twice the number of units allowable under the standards existing at the time of application.

   4.   The outdoor living space provisions of the zoning district in effect at the time of application shall apply, but the conversion of multiple residential units constructed under a different standard may be approved where at least half of the current area requirements for outdoor living space are met.

   5.   The trash storage area requirements of Ordinance No. 78-4-789* shall apply to condominium conversions in the zoning districts specified therein and also to conversions involving more than two units.

(Ord. 2006-09-1364 § 11: Ord. 83-03-904 § 5 (part): Ord. 80-7-849 § 1; Ord. 78-11-809 § 2 (part): prior code § 19.52. 620 (C))

   In granting a conditional use permit for condominium conversion the commission or council may waive any of the special requirements of Section 20.50.090 where the condominium conversion development taken as a whole and subject to the conditions of the conditional use permit achieves the intent of Section 20.50.010 and of this chapter.

(Ord. 83-03-904 §§ 5 (part) and 6; Ord. 78-11-809 § 2 (part): prior code § 19.52. 620 (D))

   A.   No final subdivision map shall be approved by the planning commission or city council until the developer presents satisfactory evidence that the developer has complied with all notice requirements of the Subdivision Map Act, including giving each tenant written notice of the intention to convert and of the tenants' exclusive right to contract for purchase of their respective units. The developer shall give special consideration to tenants who are senior citizens and to tenants who are handicapped.

   B.   The applicant shall provide moving expenses equal to three times the monthly rent to any tenant who was a tenant at the time of the condominium conversion application and who relocates from the building to be converted after approval of the conversion by the city, except when the tenant has given notice of his intent to move prior to receipt of notification from the applicant of his intent to convert.

(Ord. 83-07-910 § 3: Ord. 83-03-904 § 5 (part): Ord. 78-11-809 § 2 (part): prior code § 19.52.620(E))

   A.   The maximum number of units which may be approved for conversion to condominiums in any fiscal year, commencing July 1st and ending June 30th of each year, shall not exceed the number of new two-family or multiple-family rental dwelling units for which building permits were issued by the city during the previous fiscal year. In the event that fewer than the maximum number of units permissible are converted in a given fiscal year, the surplus will be carried over to the following fiscal year. In the event that any application for condominium conversion would cause or result in the number of units in the city converted to condominiums during that fiscal year to exceed the number of new two-family or multiple-family rental dwelling units for which building permits were issued by the city during the previous fiscal year, then that application shall be denied but, upon the request of the applicant at the time of denial, shall be reconsidered for approval or disapproval by the city during the next fiscal year ahead of other condominium conversion applications which were subsequently filed with the city.

   B.   Exceptions. This section shall not be applicable to any project having a total of four units or less, provided that the number of units in said project shall be considered as approved for conversion for purposes of calculating the maximum number of units which may be approved for conversion to condominiums in any fiscal year, in accordance with subsection A of this section.

   C.   Notwithstanding the provisions of this section, the planning commission or city council may approve a condominium conversion use permit where such approval causes the number of units converted to condominiums to exceed the number of new two-family or multiple-family rental dwelling units for which building permits were issued by the city during the previous fiscal year, if all of the following findings are made:

   1.   The proposed conversion will not displace a significant percentage of low- and moderate-income tenants, senior citizen tenants, or tenants with children, or delete a significant number of low- and moderate-income rental units from the city's housing stock, at a time when sufficient equivalent housing is not readily available in the area;

   2.   The community benefits which are derived from the provisions of affordable home ownership opportunities are increased by the conversion of the proposed project;

   3.   If the existing apartment complex contains fifty percent or more low- and moderate-income households, as defined by Section 50093 of the California Health and Safety Code, the applicant agrees to enter into and record a development agreement with the city, approved as to form and content by the city attorney, which guarantees at least one of the following:

   a.   Retention of an adequate supply of affordable dwelling units for low- and moderate-income households, as determined by the planning commission or city council, as part of the conversion project;

   b.   Provision of an adequate supply of affordable dwelling units, prior to issuance of a certificate of occupancy for the conversion project, for low- or moderate-income households on alternative sites in the city.

   The number of dwelling units to be afforded to low- and moderate-income households pursuant to this subsection shall be determined by the planning commission or city council, based on the number and characteristics of existing tenant households in the proposed conversion project, including income, family size, length of residence, age of tenants, and similar criteria. In order to meet the requirements of this subsection, the applicant shall submit as part of his condominium conversion application a report and supporting data concerning the above criteria.

   4.   Tenants of twenty-five percent or more of the units proposed for conversion have consented to the proposed conversion.

(Ord. 83-03-904 § 5 (part))

   All organizational documents described in Section 20.50.050 shall be submitted to and approved by the city prior to issuance of building permits, if any are required, or at the time of approval of the conversion if no building permits are required.

(Ord. 83-03-904 § 5 (part); Ord. 78-11-809 § 2 (part): prior code § 19.52. 620 (F))

   Any subdivision for condominium development shall be reviewed and approved, conditionally approved, or disapproved in accordance with the provisions of Title 18 of this code, but may be approved or conditionally approved only if it complies with the requirements of this chapter.

(Ord. 83-03-904 § 5 (part): Ord. 78-11-809 § 2 (part): prior code § 19.52.630(A))

   A.   Following the filing of an application for a condominium conversion or the filing of a subdivision map application for condominium purposes where a conditional use permit is required, the planning commission shall hold a public hearing and make findings, establish conditions, and make recommendations as provided in Chapter 20.64, except that the public hearing need not be held until the time at which the commission considers the subdivision map.

   B.   In addition to the findings required in Chapter 20.64, the planning commission or city council shall not approve or conditionally approve a conditional use permit for condominium conversion unless they find that:

   1.   All provisions of this chapter are met and the project will not be detrimental to the health, safety and general welfare of the city;

   2.   The overall design and physical condition of the conversion project will result in a project which is aesthetically attractive, safe, and of quality construction;

   3.   The proposed conversion will not displace a significant percentage of low- and moderate-income or senior citizen tenants, or tenants with children, at a time when sufficient equivalent housing is not readily available in the area;

   4.   The proposed conversion will not delete a significant number of low- and moderate-income rental units from the housing stock which would preclude the reasonable mobility of tenants within the city;

   5.   The applicant has not engaged in any coercive or retaliatory action regarding the tenants following the submittal of the initial application to the city for condominium conversion. In making this finding, consideration shall be given to:

   a.   Whether there have been rent increases at a rate greater than the rate of increase in the Consumer Price Index (Los Angeles-Long Beach), unless such increases are provided for in written agreements in existence prior to the submittal to the city of the initial application for condominium conversion,

   b.   Any other action which is taken against tenants to coerce them to refrain from opposing the project. An agreement with tenants which provides for benefits to the tenants after condominium conversion approval shall not be considered a coercive or retaliatory action;

   6.   The requirements of Section 20.50.120 have been met.

(Ord. 83-03-904 § 5 (part): Ord. 78-11-809 § 2 (part): prior code § 19.52.630(B))