Chapter 16.08
CONDOMINIUMS, COMMUNITY APARTMENTS AND STOCK COOPERATIVES
Sections:
16.08.020 Application contents.
16.08.030 Relocation assistance required.
16.08.040 Findings required for approval.
16.08.010 Map requirements.
For the purposes of this chapter, subdivisions that include a condominium project, as defined in Civil Code Sections 783 and 1351(f), a community apartment project, defined in Civil Code Section 1351(d), or a stock cooperative project as defined in Civil Code Section 1351(m), shall be subject to the requirements of this title for tentative subdivision and final maps. Maps of such projects need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided, nor need individual parcels front on a dedicated and accepted county road, city street, or state highway as required by EMC 16.02.120(D); provided, however, that each unit has access over an area of common ownership to the required dedicated and accepted thoroughfare. Fees for condominium maps shall be computed on the basis of parcels or lots on the surface of the land shown thereon as included in the project. (Ord. 510 § 2, 2007)
16.08.020 Application contents.
Applications for condominiums, community apartments and stock cooperatives shall be in accordance with the procedure established in Chapter 16.04 EMC. In addition, the subdivider shall:
A. Commencing at a date not less than 60 days prior to the filing of a tentative subdivision map, the subdivider or his or her agent shall give notice of such filing, in the form outlined below, to each person applying after such date for rental of a unit of the subject property immediately prior to the acceptance of any rent or deposit from the prospective tenant by the subdivider. The notice shall be as follows:
To the prospective occupant(s) of
(Address)
The owner(s) of this building, at (address), has filed or plans to file a tentative subdivision map with the City of Escalon to convert this building to a (condominium, community apartment or stock cooperative project). No units may be sold in this building unless the conversion is approved by the City of Escalon and until after a public report is issued by the Department of Real Estate. If you become a tenant of this building, you shall be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing.
(Date) _________________________________
(signature of owner or owner’s agent)
I have received this notice on
(Date)
(Prospective Tenant’s signature)
B. Sixty days prior to the filing of a tentative subdivision map, the subdivider shall give notice to each existing tenant of the subject property.
1. The notice shall be as follows:
To the occupant(s) of
(Address)
The owner(s) of this building, at (address), plans to file a tentative subdivision map with the City of Escalon to convert this building to a (condominium, community apartment or stock cooperative project). You shall be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing.
______________________________
(Signature of owner or owner’s agent)
(Date)
2. The written notices to tenants required by this subsection shall be deemed satisfied if such notices comply with the legal requirements for service by mail.
C. A conversion analysis report shall be provided to the city that describes the impact of the conversion on the project’s residents and the city’s housing market. At a minimum, the conversion analysis report shall include the following, as well as any other information deemed necessary and appropriate by the community development director:
1. A detailed description of the rental units within the project, including but not limited to:
a. The total number of rental units by unit size and type (e.g., square feet, number of bedrooms, number of bathrooms);
b. A rental history for each unit that details the current or last rental rate; the name and address of each present tenant; the length of time the unit has been occupied by the present tenant; the monthly rental rate for the preceding four quarters for each unit; the average monthly vacancy over the preceding four quarters; the number of evictions over the preceding four quarters; and
c. The name and mailing address of the primary resident(s) of each unit.
2. A detailed analysis of the economic impact of the conversion of the units on the tenants, including comparisons of current rents paid and current rental rates at comparable buildings within the city; the estimated costs of moving personal property; and any direct or indirect costs associated with relocation to another rental unit.
3. A detailed analysis of the impact of the conversion on the city’s housing market and the city’s ability to provide a range of housing types at a range of housing costs. Such analysis shall include, but is not limited to:
a. Data comparing the units in the project, as both rentals and ownership units, with housing available in the city;
b. Data regarding the availability of comparable rental units at similar rental rates remaining within the city, including vacancy rate information;
c. Data identifying the low and moderate income housing units (rental and sales housing) within the city, including vacancy rates; and
d. Data showing what percentage of the city’s total available rental units are proposed to be converted, and the resulting change in ratio of rental units within the city.
D. A detailed report shall be provided to the city that describes the relocation and moving assistance information to be given to each tenant, and the steps the applicant will take to ensure the successful relocation of each tenant. (Ord. 527 § 5, 2010)
16.08.030 Relocation assistance required.
The subdivider shall offer to each eligible tenant a plan for relocation to comparable housing, as approved by the city council. The relocation assistance outlined below shall be paid to each eligible tenant who is forced to relocate between the date of approval of the tentative subdivision map by the city to the closing date of escrow for the final unit in the project. Violators will be cited by the city for failure to comply with this requirement.
The relocation plan shall provide, at a minimum, for the following:
A. Assistance to each eligible tenant in locating comparable housing, including but not limited to providing availability reports and transportation, where necessary.
B. Payment of a relocation fee to each tenant who does not choose to stay. At a minimum, such payment shall be equal in amount to two months’ rent and the security deposit amount paid by the tenant for the existing apartment unit. A tenant is not entitled to a relocation fee pursuant to this subsection if the tenant has either been evicted for just cause or if the tenant received notice pursuant to EMC 16.08.020(A).
C. In the case of eligible tenants who are senior citizens over the age of 62, handicapped, low income, or single heads of households living with one or more minor children, the following additional provisions must be made:
1. Payment of the first month’s rent in the new complex; and refund of all key, utility, and pet deposits to which the tenant is entitled upon vacating the unit. Cleaning and security deposits, minus damages, shall be refunded to the tenant upon vacating the unit.
2. If the amount of deposits and other fees required upon moving into the new complex exceed the amounts refunded to the tenant, plus damages, the subdivider shall pay the difference.
3. If the amount of damage to any unit exceeds the deposit, the excess may be subtracted from the relocation assistance payment.
4. Evictions. Until each tenant is successfully relocated, the tenant shall not be unjustly evicted.
D. The offer to each eligible tenant of a plan for relocation shall be free of any coercion, intimidation, inducement or promise not herein specified and shall not cause the tenant to vacate in advance of, or prior to, a timetable or schedule for relocation as approved in its application for approval of conversion.
E. Parcels that have existing below market rate or other affordable rent components shall only be converted if allowed by existing regulatory agreements and other controlling agreements. All of the affordable units shall be maintained as affordable units after the conversion. (Ord. 527 § 5, 2010)
16.08.040 Findings required for approval.
A. The planning commission shall not approve a tentative subdivision map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it finds all of the following:
1. That the proposed conversion is consistent with the general plan and applicable community and specific plans in effect at the time of the use permit application, especially with the objectives, policies, and programs of the housing element of the general plan designed to provide affordable housing to all economic segments of the population.
2. That the average rental vacancy rate in multiple-family units of similar size in the city affected by the proposed conversion during the four quarters preceding the filing of the application is greater than five percent or that the current percentage of multifamily units (within complexes of four or more units) is above 10 percent of the total number of housing units within the city.
3. In evaluating the average rental vacancy rate in the city and in the building proposed for conversion, the commission shall consider the rental history of the building, including the number of evictions and increases in rent over the preceding four quarters. In addition, the following sources of vacancy rates statistics may be used: (a) Department of Finance (State of California), (b) Postal Service, and (c) HUD vacancy rates. Notwithstanding any other provision of this chapter, the commission may deny a tentative subdivision map if it finds that vacancies in the building have been created by unjust evictions and unreasonable rent increases in order to qualify a project for conversion under this subsection.
4. That the applicant unconditionally offered to each eligible tenant an adequate plan for relocation to comparable housing. In determining whether the housing to which the applicant proposes relocation is comparable, the commission must find that the housing is decent, safe, and sanitary, and in compliance with all local and state housing codes; and, that the housing is open to all persons regardless of race, creed, national origin, ancestry, religion, marital status, or gender.
5. That every other requirement that is either imposed by this code or which results from the authority this confers upon the community development director has been satisfied.
B. The city council shall not approve a final subdivision map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it finds all of the following:
1. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received, pursuant to EMC 16.08.020(B), written notification of intention to convert at least 60 days prior to the filing of a tentative subdivision map pursuant to Section 66452 of the Government Code. There shall be a further finding that each such tenant and each person applying for the rental of a unit in such residential real property has, or will have, received all applicable notices and rights now or hereafter required by this chapter or the Subdivision Map Act. In addition, a finding shall be made that each tenant has received 10 days’ written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available on request. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.
2. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has been, or will be, given written notification within 10 days of approval of a final subdivision map for the proposed conversion.
3. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has been, or will be, given 180 days’ written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subsection shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent or obligations imposed by Sections 1941, 1941.1 and 1941.2 of the Civil Code.
4. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has been, or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right.
5. The proposed project will not result in a negative impact on the housing stock in the city and will not have a negative effect on housing choice, particularly choice of rental units affordable to very low- and low-income households. (Ord. 527 § 5, 2010)