Chapter 9.84
Additional Subdivision Procedures
Sections:
9.84.020 Certificates of Compliance
9.84.040 Condominium Conversion
9.84.010 Purpose of Chapter
This Chapter establishes requirements consistent with the Map Act for Certificates of Compliance, Condominiums and Condominium Conversions, Lot Line Adjustments, Parcel Mergers, and Reversion to Acreage.
9.84.020 Certificates of Compliance
The City shall process and approve or disapprove applications for Certificates of Compliance as provided by Map Act Sections 66499.34 and 66499.35, and as follows.
A. Application. An application for the approval of a Certificate of Compliance or Conditional Certificate of Compliance shall be filed with the Director and include the information required by the Director, together with the processing fee specified by the City Fee Schedule.
B. Review and decision. The City Engineer and Zoning Administrator shall review the completed application in the light of public records and applicable law.
1. If the Zoning Administrator, based on the recommendation of the City Engineer, determines that the parcel is in compliance with the provisions of this Land Use Code Article and the Map Act, a Certificate of Compliance shall be issued for the parcel and delivered to the County Recorder for recordation.
2. If the Zoning Administrator, based on the recommendation of the City Engineer, is unable to determine that the parcel is in compliance, the procedures identified in Map Act Section 66499.35 shall apply.
9.84.030 Condominiums
When a residential structure is proposed at the time of construction as a condominium, community apartment project, or stock cooperative, a Tentative Map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner in compliance with Chapter 9.81 (Tentative Map Filing and Processing). Chapter 9.82 (Parcel Maps and Final Maps) determines whether a Parcel or Final Map shall also be filed.
9.84.040 Condominium Conversion
A condominium conversion is the conversion of real property to a common interest development as defined by Section 1351 of the California Civil Code.
A. Approvals required. A conversion shall require the approval of a Tentative Map, and Parcel or Final Map, except where a Parcel Map, or Tentative and Final Map are waived in compliance with Map Act Sections 66428(b) or 66428.1, for the conversion of a mobile home park. If a Parcel Map is waived, a Tentative Map shall still be required.
B. Application filing and processing. A Tentative Map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner as set forth in Chapter 9.81 (Tentative Map Filing and Processing), except that an application for the conversion of residential units shall also include the following information and materials. Where noted, final versions of these items shall also be submitted with the Parcel Map or Final Map.
1. Tentative Map. The Tentative Map for a condominium, community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative need not show the buildings or the manner in which the airspace above the property shown on the map are to be divided. However, the applicant shall provide an illustration of how subdivision will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units.
2. Verification of stock cooperative vote. If the development being converted to a condominium is a stock cooperative, the application shall also include verification of the vote required by Map Act Section 66452.10.
3. Relocation assistance program. A program proposed by the applicant that will assist tenants displaced through the conversion in relocating to equivalent or better housing.
4. Building history. A building history detailing known information regarding the use and construction of the building or buildings, and the improvements covered by the application, and including:
a. The date of construction of the major elements of the project improvements;
b. A statement of the major uses of the improvements since construction;
c. A description of major repairs since construction of the project improvements;
d. A statement identifying the current owners of the buildings and underlying land;
e. The name and address of each present tenant of the project.
When the applicant does not have information regarding any of the above items, the Building History shall so state.
5. Structural report. A structural report prepared by appropriately licensed contractor or engineer and approved by the Building Official, disclosing the condition of the following items:
a. Plumbing waste system;
b. Electrical service switches;
c. Interior electrical wiring;
d. Natural gas piping and appliance venting;
e. Structural elements;
f. Room sizes, light, and ventilation;
g. Compliance with zoning regulations;
h. Any other condition detrimental to the health, safety, and welfare of the public, the owners, and the occupants of the building.
A final version of this report, in the form of a Report to Prospective Purchasers shall be filed with the Director at the same time as the Parcel Map or Final Map for the project.
6. Pest control report. A structural pest control report prepared by a licensed structural pest control operator, in compliance with Business and Professions Code Section 8516.
7. Proposed public report application. A copy of the proposed application to the California Department of Real Estate for Subdivision Public Report, on the current forms required by the Department of Real Estate. Said application need not contain exhibits regarding the availability of utility services or the organizational documents of the project. A final version of the public report shall be filed with the Director at the same time as the Parcel Map or Final Map for the project.
8. Proposed project organization. A written description regarding the proposed project organization including the use and control of the common elements and recreation facilities within the project. The statement shall detail any proposed control of common facilities to be retained by the developer or by the owner, or maintained by a Homeowners Association of unit owners, or any other organization. A final version of the organization documents shall be filed with the Director at the same time as the Parcel Map or Final Map for the project.
C. Requirements for approval. A residential condominium conversion shall comply with the following requirements, in addition to the requirements of this Article for the approval of a Tentative Map, Parcel Map, and Final Map.
1. Code compliance. The project shall comply with all applicable standards of the City’s Housing Code and the Building Code, in effect on the date that the last building permit was issued for the structure or structures. The project shall also comply with the following standards:
a. Utilities. The consumption of gas and electricity within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility. Each unit shall have its own panel board for all electrical circuits which serve the unit. A water shut-off valve shall be provided for each unit. The requirements of this Subsection may be waived where the Building Official finds that such would not be practicable.
b. Impact sound insulation. Wall and floor-ceiling assemblies shall conform to the sound insulation performance criteria promulgated in California Administrative Code, Section 1092, and may only be replaced by another floor covering that provides the same or greater insulation.
c. Energy conservation. Each dwelling unit shall comply with the energy insulation standards promulgated in Title 24, California Administrative Code, Part 6, as amended, for residential buildings.
2. Compliance with Land Use Code requirements. The project shall comply with all landscape, parking and design provisions, and any other applicable Sections of this Land Use Code at the time of conversion.
3. Performance. Any required structural repair work shall be completed or funds for the completion of the work shall be either escrowed or bonded to the satisfaction of the Director to assure completion of the work prior to the closing of escrow for the sale of any unit in the project. Any physical elements of the project found by the Director to impose a hazard to the health and safety of the occupants of the project shall be corrected prior to the approval of the Final or Parcel Map, or funds shall be adequately escrowed or bonded to the satisfaction of the Director to assure completion of the corrective work, prior to the closing of escrow of any unit in the project.
4. Report to prospective buyers. The report to prospective buyers describing the condition of the various physical elements of the project shall have been submitted to and approved by the Director. The Director’s requirements for the report and its contents may be appealed by the subdivider to the Planning Commission.
The subdivider shall provide each prospective purchaser with a copy of the Report prior to the purchaser executing any purchase agreement or other contract to purchase a unit in the project and the subdivider shall give the purchaser sufficient time to review the Report.
5. Provisions for present tenants. The subdivider shall comply with each of the following requirements for the present tenants of the project.
a. Each present tenant of each unit shall be given a non-transferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public. The right of first refusal shall extend for at least 90 days from the date of approval of the Final Subdivision Map or Parcel Map. Tenants who are not current in their contractual obligations under their rental agreements or lease shall not be entitled to the right of first refusal.
b. Each non-purchasing tenant, not in default under the obligations of the rental agreement or lease under which they occupy their unit, shall have not less than 90 days from the date of receipt of notification from the subdivider of his or her intent to convert, or from the filing date of the Final Subdivision Map or Parcel Map, whichever date is later, to find substitute housing and to relocate.
c. A tenant with more than 30 days remaining on a lease who receives a notice of intent to convert shall, at any time after receipt of such notice, have the right to terminate their lease with 30 days written notice to the landlord. Termination shall be without penalty or other termination charge to the tenant.
d. The subdivider shall, where possible, allow an extension of term to permit a tenant to complete a school semester or quarter, as the case may be.
e. Existing tenant’s rent shall not be increased from the level existing three months prior to the date of application for a Tentative Map until the tenant purchases the unit, or tenant relocation takes place or the tentative map application is denied. This period shall not exceed 12 months.
D. Inclusionary housing requirement. The conversion of units shall comply with the inclusionary housing requirements in Section 9.32.030 A.2.
E. Staff report. The staff report on the Tentative Map for the condominium conversion (Section 9.84.040) shall be provided to the subdivider and each tenant of the subject property at least three days before any hearing or action on the Tentative Map by the Planning Commission or Council.
F. Public notice. The following notice shall be provided in addition to that required by Chapter 9.74 (Public Hearings):
1. Tenant notice. The subdivider shall give notice to all existing or prospective tenants as set forth in Map Act Sections 66452.8 and 66452.9, and shall provide the Department satisfactory proof that the notice was given; and
2. Public hearing notice. Notice of the public hearing(s) on the Tentative Map shall be provided to all tenants of the subject property, as required by Map Act Section 66451.3.
G. Approval of conversion, required findings.
1. Time limit, stock cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within 120 days of the application being found complete in compliance with Section 9.81.030 (Tentative Map Filing, Initial Processing). The 120-day time limit may be extended by mutual consent of the subdivider and the City.
2. Conversion findings, residential projects. Approval of a tentative or Final Map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project or stock cooperative shall not be granted unless the findings set forth in Map Act Section 66427.1 are first made.
H. Completion of conversion. The filing, approval and recordation of a Parcel Map or Final Map in compliance with Chapter 9.82 (Parcel Maps and Final Maps) shall be required to complete the subdivision process, except where a Parcel Map, or Tentative and Final Map are waived for the conversion of a mobile home park in compliance with Map Act Section 66428(b).
9.84.050 Lot Line Adjustment
A Lot Line Adjustment is permissible in compliance with Map Act Section 66412(d), and as follows.
A. Application requirements. An application for a Lot Line Adjustment shall be filed with the Director and shall include the information required by the Director, together with the processing fee specified by the City Fee Schedule.
B. Lot line adjustment approval. After consultation with the City Engineer, the Director shall approve a lot line adjustment provided that all criteria identified in Map Act Section 66412(d) are met to the Director’s satisfaction. After City approval, the applicant shall be responsible for recording the approval document and paying the necessary fees charged by the County Recorder for recording Lot Line Adjustment approval documents in compliance with the Map Act.
C. Coastal Development Permit. A proposed Lot Line Adjustment involving property within the Coastal Zone shall also require Coastal Development Permit approval in compliance with Section 9.72.030 (Coastal Permits), prior to approval of the Lot Line Adjustment, except where the site is in a Categorical Exclusion area as defined by the Coastal Act.
9.84.060 Parcel Merger
A. Procedures for merger of parcels. Two or more parcels may be merged as follows.
1. Parcels may be merged in compliance with Map Act Chapter 3, Article 1.5. A parcel or unit may be merged with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size as identified by this Land Use Code applicable to the parcels or units of land, and if all of the requirements of Map Act Section 66451.11 are satisfied.
2. Parcels may also be merged in compliance with Map Act Sections 66499.20-1/2, or 66499.20-3/4; provided that a merger in compliance with Map Act Section 66499.20-3/4 shall require the recordation of an instrument evidencing the merger in the same manner as required by Map Act Section 66499.20-1/2.
B. Requirements for unmerger of parcels. The unmerger of parcels within the City shall comply with Map Act Chapter 3, Article 1.7.
C. Coastal Development Permit. A proposed parcel merger involving property within the Coastal Zone shall also require Coastal Development Permit approval in compliance with Section 9.72.030 (Coastal Permits) prior to the approval of the merger, except where the site is in a Categorical Exclusion area as defined by the Coastal Act.
9.84.070 Reversion to Acreage
A. A Reversion to Acreage shall be initiated, processed, reviewed, and approved or denied in compliance with Map Act Chapter 6, Article 1.
B. An application for reversion submitted by a property owner shall include all information required by the Department, and shall include the fee required by the City Fee Schedule.
C. A Parcel Map may be filed to revert to acreage land previously subdivided that consists of four or fewer contiguous parcels, in compliance with Map Act Section 66499.20-1/4.