Ch. 25, Article IV

Article IV.
Condominium Conversions.

25.167 Findings and Intent.

The City Council of the City of Fairfield finds that the conversion of existing buildings to condominiums creates unique problems. The divided ownership and responsibility for building conditions, health and safety issues, traffic and parking problems, maintenance of sewer and plumbing facilities and other common areas, reduced privacy, unclear responsibility for repairs and/or replacements due to fire or other disasters and unfair or incorrect apportionment of utility expenses to all owners, all of which problems may affect the general public health, safety and welfare of the City of Fairfield.

Condominium conversions may also impact the overall supply of housing affordable to lower income households in Fairfield, and may change the character of the occupancy. For example, converting rental housing into condominiums may change the demographics of the building from young single people to families or elderly people. These changes may require special design considerations and provisions to protect the health and safety of existing residents, new condominium owners, and lower income or displaced tenants.

The purpose of this ordinance is to promote a reasonable balance of rental and ownership housing and greater individual choice in type, quality, price and location of housing; to provide for the housing needs of all segments of the population; to avoid undue hardship and displacement of tenants, particularly those in low-to-moderate cost housing and those who are elderly, families with minor children and the handicapped; to promote the safety and modernization of condominium conversion projects; and to generally regulate conversion projects in accordance with the housing element of the general plan, as well as other applicable general and specific plans, current building and zoning codes, and in accordance with the public health, safety and welfare.

25.168 Definitions.

The following words used herein shall have the meanings set forth, unless the context requires otherwise:

(a) "Apartment” means a rental or lease dwelling in a structure designed or used to house two (2) or more families, as the term “family” is defined in section 25.32.

(b) "Applicant” means the owner(s), developer or subdivider of a project as their interests may appear.

(c) "Common area” means those portions of the project area that are designed, intended or used in common and not under the exclusive control or possession of owners or occupants of individual units in said project.

(d) "Condominium” means and includes the following: A condominium project, as defined in section 1350 of the civil code, containing two (2) or more condominiums, as defined in section 783 of the civil code; a community apartment project, as defined in section 11004 of the business and professional code, containing two (2) or more rights of exclusive occupancy; a stock cooperative, as defined in section 11003.2 of the business and professional code, containing two (2) or more separately owned lots, parcels or areas, or any other such project as defined by state law. In addition, for the purpose of this article, developments which offer own-your-own or fee ownership units, whereby the individual owns land directly below the “foot print” of said unit, shall be defined as a condominium.

(e) "Developer” means the owner or subdivider with controlling proprietary interest in the condominium project, or the person or organization making application hereunder.

(f) "Open space” means all land areas that are not occupied by buildings, structures, parking areas, streets or alleys.

(g) "Project” means the entire parcel of real property proposed to be used or divided, as land or airspace, into two (2) or more units as a condominium.

(h) "Unit” means the particular area of land or airspace that is designed, intended or used for exclusive possession or control of individual owners or occupiers, whether or not they have interests in common areas of said project.

(i) "Vacancy factor” means the percentage (%) of all apartments being offered for rent or lease in the City of Fairfield which are vacant. Said vacancy factor shall be established by the most recent rent and vacancy survey completed by the City of Fairfield Community Development Department. (Ord. No. 2012-04, § 3.)

25.169 Applicability and Effect.

Any proposal to convert existing rental housing projects into a residential condominium project as defined in sections 783 and 1350 of the civil code, community apartment project, as defined in section 11004 of the business and professions code, or stock cooperative, as defined in section 11003.2 of the business and professions code of the State of California, shall comply with the provisions and standards of the following sections.

25.170 Applications, Documents, Plans and Information to be Submitted Prior to or at the Time of Filing of a Tentative Map.

In addition to the information required by other applicable sections of this code, plans and documents, certified as to accuracy by a licensed engineer or architect, showing the following information shall be submitted at the time of filing of the tentative map:

(a) Site plan, including buildings, structures, yards, open space, landscaped areas, vehicular travel and parking areas, driveway approaches, recreational facilities, placement and design of trash facilities, and utility services.

(b) Parking plan, disclosing the location of all parking spaces, the dimensions thereof, the status as a garage, carport, or uncovered space, dimensions of aisles and driveways, locations of columns, walls, and other possible obstruction, the designation of each space as assigned to a particular unit or as guest parking, and the location of each unit to which a space is assigned in a manner such that the walking distance between each unit and its assigned spaces may be readily determined.

(d) If a recreational vehicle storage area is to be provided, the site plan shall disclose the location and dimensions of such area.

(e) A television antenna plan showing the proposed location of all fixed antennas.

(f) A tenant assistance plan as defined in sec. 25.173 of this article.

(g) A detailed “property report” describing the date(s) of original construction, present useful life of the roof, foundations, mechanical, electrical, plumbing and existing buildings or structures in said project, condition of parking lot and driveway paving, sanitary sewer, and storm drain facilities, along with an appropriate maintenance schedule for replacement, repair, or reconstruction necessary to maintain the property in a safe, attractive, and code-compliant state. Such report shall be prepared and certified to by a registered civil or structural engineer or licensed architect.

(h) An acoustical analysis as defined in title 25, chapter 1, article 4 of the California administrative code certifying that the dwelling units therein meet all unit to unit noise limitations of said code, or providing for necessary measures to meet said limitations.

(i) Energy conservation measures to be employed and documented (by a person certified to conduct such study) as to the extent the project and units comply with title 24 of the California administrative code.

(j) A City of Fairfield Conditional Use Permit Application, with all the application submission requirements established by the Zoning Ordinance and the Community Development Department and addressing all of the requirements for said Conditional Use Permit outlined in Section 25.32.14 of the Fairfield Zoning Ordinance.

(k) A budget, prepared by a licensed general contractor, architect, or property management firm, demonstrating that the homeowners’ association has a sufficient endowment, adequate monthly dues, and a financial plan to maintain an adequate reserve to maintain all common property and structures, including roofs, paved areas, parking structures, painting/exterior walls, and utilities, in a safe, attractive manner compliant with codes and ordinances. Said budget shall address the recommendations, including cost estimates, contained in the property report required in subsection (g) above.

No tentative map shall be deemed filed until the applicant has complied with the requirements of this section. (Ord. No. 2012-04, § 3.)

25.171 Specific Requirements for the Approval of Tentative Maps.

No tentative map shall be approved unless the project complies with the following requirements, unless a waiver is first obtained pursuant to sec. 25.180.

(a) Compliance with current requirements of the City building, zoning and fire codes in effect at the time of filing of the tentative map, including approval of a Conditional Use Permit as required by the Fairfield Zoning Ordinance, Section 25.32.14.

(b) In addition to clothes, linen, and food pantry closets and shelving customarily provided, each unit within the project shall have at least eighty-four (84) cubic feet of enclosed, weatherproof, and lockable private storage space at a single location.

(c) If the storage of boats, trailers, recreational vehicles and similar vehicles is to be permitted within the complex, an area shall be specifically designated for such storage and shall be screened from adjacent areas by a combination of a six-foot high masonry wall or acceptable alternative and appropriate landscaping.

(d) Exposed television antennas for individual dwelling units shall not be permitted.

(e) All utilities having variable billing rates such as gas and electric service but excluding water service must be separately metered for each dwelling unit. All utility and other similar service lines must be installed underground as follows:

(1) Gas

(2) Electric

(3) Water

(4) Telephone

(5) Television cable

(6) Other service lines or facilities as may be determined appropriate by the Planning Commission or City Council.

(f) The developer shall install an on-site lighting system in all parking areas, vehicular access ways and along major walkways. Such lighting shall be directed onto driveways and walkways within the project and away from dwelling units and adjacent properties, and shall be of a type approved by the Community Development Department.

(g) All conditions of approval required by the City.

(h) Fire Wall Requirements.

1. When ownership is specified as an airspace condominium (Ownership includes space within the unit. The structure is owned by the homeowner association) an architect or engineer shall provide written verification of the following: 1) wall and floor/ceiling assemblies that separate units are 1-hour rated assemblies. 2) Wall and floor/ceiling assemblies that separate units meet California Building Code (CBC) requirements for noise (sound and impact) transmission. 3) Attic and floor assemblies are draft stopped between units per the CBC.

2. When the condominium creates separate ownership of the structure (foundation, separating walls, and roof/ceiling) the separation between units shall consist of two 1-hour walls that extend from the foundation to the roof plywood and shall include a vertical or horizontal parapet on each side of the property line. An architect or engineer shall confirm in writing that the 1-hour property line walls and parapets are installed to CBC requirements.

(i) Dedication of all necessary rights-of-way and easements for public services to and within the subdivision.

(j) The on-site storm drainage shall be private and connected to the system in adjacent streets. The C.C. & R.’s shall indicate this and that maintenance will rest with the homeowners association.

(k) The on-site sanitary sewer for the condominium units shall be private. The C.C. & R.’s shall indicate this and that maintenance of the system shall rest with the homeowners association. Sizing, location of cleanouts and manholes shall meet the uniform plumbing code and the City’s standard details.

(l) At least one covered parking space shall be assigned to each unit.

(m) Laundry facilities shall be provided in each unit or in common laundry area with 1 washer/dryer per 5 units for the first 50 units and 1 washer/dryer per 10 units for all units in excess of fifty.

(n) Prior to recordation of the Final Map or sale of the first unit, whichever occurs first, a City of Fairfield Property Maintenance Agreement shall be executed. The Agreement shall be recorded on title at the Recorder’s Office of the County of Solano. (Ord. No. 2012-04, § 3.)

25.172 Tenant Assistance Plan, Required Information at Time of Filing of Tentative Map.

No tentative map for a conversion project shall be received for filing unless it is accompanied by the following:

(a) A listing of tenants by name and apartment address.

(b) A schedule of rents for each unit showing any changes occurring in the previous one year period.

25.173 Tenant Assistance Plan.

A tenant assistance plan must contain the following components:

(a) A statement of a method by which tenants will be assisted by the subdivider or his or her agents in finding comparable replacement rental housing within the area of the conversion.

(b) A statement of the method by which the subdivider will comply with the requirements of sec. 66427.1 of the state subdivision map act. Such method must provide that no tenant shall be required to move from his or her apartment due to the proposed conversion until the expiration of the two-month period for exercise by the tenant of his or her right of first refusal pursuant to sec. 66427.1(b) of the state subdivision map act. Said two-month period shall not commence as to any tenant until such tenant has received written notification of issuance of the final public report of the Department of Real Estate and such tenant’s right to contract for the purchase of his or her unit at a specified purchase price for 60 days following the date of such notification.

(c) A statement of a method by which the subdivider or his or her agents will reimburse each tenant for costs actually incurred in moving from the apartment due to the planned conversion to a common ownership unit, up to a maximum of two (2) times the monthly rent of the occupied unit. This reimbursement may be reduced by the value of repairing excessive or malicious damages caused by or permitted to occur by the tenant and any past due or delinquent rents.

(d) A statement of a method by which the subdivider will assure that each tenant who attends, or whose spouse or dependent child attends, school at the time that the notice of termination of tenancy (as required by sec. 66427.1 of the state subdivision map act) is given, will be granted an extension of tenancy as necessary to permit such person to complete the school year, semester, or quarter (whichever is the minimum school term) as he or she is enrolled in at such time. As used herein, “school” includes any public or private elementary or secondary school.

(e) In order to reduce the number of tenants being displaced, the subdivider shall consider incentives and inducements that would permit tenants to become owners in the condominium, community apartment or stock cooperative project. Said report shall include an analysis comparing current costs as a tenant, based on current rents, to ownership costs, a list of apartment vacancies in the same approximate rental range as the existing rental rates of the project proposed to be converted; and shall include, the area within the City of Fairfield or within a five mile radius of the project, at least a total number of available units equal to eighty percent (80%) of the number of units proposed to be converted. The subdivider shall certify that all tenants have been delivered a copy of said report within the last thirty days preceding filing of the tentative map for said conversion.

(f) No section or provision herein shall be construed to limit or prevent the developer from providing additional tenant assistance above the minimum requirements provided for by this ordinance.

25.174 Agreement for Tenant Assistance.

No tentative map shall be approved except upon the condition that a secured, written agreement satisfactory to the Community Development Director be entered into between the City and the subdivider for the benefit of each tenant, by which the subdivider covenants to carry out the terms of a tenant assistance plan, as finally approved by the City Council. Such must be secured by a bond or bonds by one or more duly authorized corporate sureties in a total amount equal to the total dollar value of all developer obligations for tenant assistance and the total amount of said bond or bonds shall be security for each and every obligation to any tenant undertaken by the subdivider in such agreement. (Ord. No. 2012-04, § 3.)

25.175 Release of Security.

(a) The security specified in sec. 25.174 shall not be released except with the consent of the Community Development Director on behalf of the City. Such consent shall be given upon proof that the conversion has been completed except for partial early releases as hereinafter authorized.

(b) Partial early releases may be granted, not more than once in each six-month period following approval of the final map, upon the submission of proof of entitlement to the Community Development Director in proportion to the number of units in which the tenants have either:

(i) vacated

(ii) purchased without vacating

(iii) waived their rights pursuant to sec. 25.176. (Ord. No. 2012-04, § 3.)

25.176 Special Agreements with Tenants.

The rights of a tenant pursuant to the contract executed pursuant to sec. 25.174 shall not apply if knowingly waived by a tenant as follows:

(a) A written agreement, signed by both the tenant and the subdivider or his or her agent, is executed by which the specifically described rights are expressly waived in return for such specifically described consideration as may be mutually agreed upon between the parties.

(b) The agreement between the subdivider and the tenant is executed subsequent to the sec. 25.174 agreement and specifically states that the tenant has read that agreement and is aware of his or her rights thereunder.

25.177 Approval of Final Map: Declaration.

The findings required by sec. 66427.1 of the state subdivision map act shall not be made unless the subdivider or his or her agent files an affidavit or declaration under penalty of perjury including the following:

(a) A current listing of tenants and rents for each unit.

(b) A listing of special agreements pursuant to sec. 25.176 or a statement that no such agreements have been executed.

(c) An explanation of rent increase or vacancy factor change occurring one year prior to the filing of the tentative map, or a statement that no such increases or factor changes have occurred.

(d) A listing and explanation of any termination of tenancies for reasons other than the conversion, or a statement that no such terminations have occurred.

(e) A statement of the time and manner in which notice of the conversion was given or will be given pursuant to sec. 66427.1(a) of the state subdivision map act, and in which notice of a right of first refusal has been given or will be given pursuant to sec. 66427.1(b) of said act.

25.178 Approval of Final Map: Findings.

The findings required by sec. 66427.1 of the State Subdivision Map Act shall not be made if, based on the subdivider’s declaration and such other evidence as may be presented to the Council, the Council determines that the subdivider or his or her agents has engaged in any pattern or practice designed to avoid his or her obligations to the tenants under said section.

25.179 Tenant Identification.

Tenant listings as required under this division shall include all persons, other than dependent children, shown on any lease, rental agreement, or other evidence of rental occupancy customarily maintained for the apartment building, as an occupant for rent as of the date of filing of the tentative map or thereafter, except that no person who acquires such occupancy after approval of the final map with knowledge that his or her occupancy will be terminated because of the conversion to condominiums shall be considered a tenant for purposes of this division or any tenant assistance plan. Discharge by the subdivider or his or her agent of any obligation pursuant to this division as to any such listed tenant shall constitute discharge of such obligation to all persons concurrently residing in the same unit, unless otherwise provided in the agreement executed pursuant to sec. 25.176.

25.180 Waivers - When Permitted.

A waiver may be granted from the requirements imposed by sec. 25.171 or any combination thereof upon the following conditions:

(a) The waiver must set forth when reasonable a substitute standard to be satisfied by the subdivider which addresses the objectives of the requirement being waived.

(b) The waiver must be based upon a finding that imposition of the strict requirements of this article rather than the substitute standard of the waiver would either:

(1) Impose a financial hardship on the subdivider which would be disproportionate to any public benefit which would thereby be attained; or

(2) Preclude or unreasonably reduce the provision of significant design features or improvements, such as open space or recreational facilities, which are necessary or highly advantageous to the overall residential environment.

25.181 Procedure.

Waivers may be granted by the Planning Commission, subject to appeal by any interested person to the City Council, and subject to review and modification by the Council on its own initiative. The procedural and administrative fee requirements for a waiver shall be the same as those for a variance as set forth in Chapter 25 of this Code or applicable resolutions and five (5) dollars per each dwelling unit.

25.182 Timing.

Any application for a waiver for a common ownership project pursuant to this article, or for any variance, use permit, or other discretionary action which may be requested for such project under this code, shall be filed and decided prior to the filing of the tentative map, unless the tentative map is accompanied by a waiver of the time limitations imposed by sections 66452.1, 66452.2 and 66452.5 of the State Subdivision Map Act in order to allow for the processing of the waiver.

25.183 Declaration of Covenants, Conditions and Restrictions.

No tentative map shall be approved except upon the condition that a declaration of covenants, conditions, and restrictions be approved by the Community Development Director prior to the approval of the final map, providing for the following:

(a) The establishment of a homeowners’ association shall be provided for.

(b) Membership shall be mandatory for each buyer and any successive buyer.

(c) Perpetual maintenance by the associated owners, in good, sanitary and attractive condition of all common areas and improvements, including landscaped areas, walls, driveways, parking areas, trash areas, and buildings, in accordance with plans and documents on file in the office of the Community Development Director.

(d) Prohibition of the parking or storage of trailers, boats, and recreational vehicles, except in such area reserved for the storage thereof as may be provided in the plans and documents approved by the City of Fairfield.

(e) Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project.

(f) If the development is constructed in increments or phases which require one or more final maps, reciprocal covenants, conditions and restrictions and reciprocal management and maintenance agreements shall be established which will cause a merging of increments as they are completed, and embody one homeowner’s association with common areas for the total development.

(g) As to the above requirements, a power of enforcement to the City of Fairfield, exercisable in the discretion of the City Council, and a prohibition against any relinquishment, amendment, or deletion of such requirements without the consent of the City council. The Community Development Director shall consult with the department of real estate for the purpose of assuring that the covenants, conditions, and restrictions as finally recorded comply with the requirements of this section.

(h) The C.C. & R.s may be required, at the discretion of the Community Development Director, to include a limit on the total percentage (%) of units rented within the complex. The homeowners’ association shall be responsible for monitoring and enforcing this limit, if imposed.

(i) The homeowners’ association shall be required to contract with a professional property management company or organization. Said professional property manager shall be responsible for ensuring that the property is properly maintained, that the endowment, reserves and dues are adequate for needed repairs and maintenance, and that rentals are properly managed. (Ord. No. 2012-04, § 3.)

25.184 Rental Housing Shortage: Findings and Vacancy Factors.

(a) The Fairfield City Council hereby finds and declares that when a rental housing shortage exists, said shortage would be inconsistent with the purposes and intent of this article and with the declared goals and objectives of the city’s housing element of the general plan.

The City Council also finds that condominium conversions can exacerbate said rental housing shortages. To avoid the foregoing and to reduce the displacement of long-term residents, particularly senior citizens and low and moderate income families and families with school-age children, the City Council finds and declares it necessary and proper to regulate condominium conversions by the provisions herein for the health, safety and welfare of the general public.

(b) Vacancy Factor. The Vacancy Factor used in this section shall be the vacancy rate for the City of Fairfield identified in the most recent rent and vacancy survey of apartments conducted by the Community Development Department.

(c) The Planning Commission or City Council shall disapprove a tentative map if the Vacancy Factor is equal to or less than three (3) per cent unless specific findings are made that clearly indicate how conversion project would be consistent with the intent of this article, and with the declared goals and objectives of the city’s housing element of the general plan. If the Planning Commission or City Council relies on other factual information which indicates that the broader public interest and benefit would be best served by approving a request for conversion during the period of a rental housing shortage, those facts relied on must be stated in detail.

(d) The Planning Commission or City Council may disapprove a tentative map if the Vacancy Factor is equal to, or less than six (6) per cent, but greater than three (3) per cent, and a finding is made that the approval of said conversion would be inconsistent with the intent of this article. (Ord. No. 2012-04, § 3.)

25.185 Application Procedures - Preliminary and Final Application Required.

(a) A preliminary application signed by the landowner(s) or his authorized agent for a tentative map or waiver request, in form and manner as required by the Community Development Director, shall be submitted to the Community Development Department. Same shall be accompanied by all plans, documents, and information required by this article.

(b) Upon receipt of the preliminary application and all documents as required, the Community Development Director shall submit copies of applicable reports or documents to the fire division, building and safety division and other departments as found necessary.

(c) The Chief 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 Community Development Department may submit copies of such documents to other departments for their review and requirements, as set forth elsewhere in this code.

(f) The Chief Building Official or his or her designee shall review the property report submitted by applicant and may require its revision and resubmission if found inadequate in providing the required information.

Upon completion of the above stated procedures the preliminary application shall be amended by the applicant if necessary and shall be deemed final.

(g) The Community Development Department shall then schedule the final application for hearing before the Planning Commission in conformance with the time limitations imposed by this article.

(h) The Planning Commission shall approve, conditionally approve or deny said application pursuant to the provisions of this article. (Ord. No. 2012-04, § 3.)

25.186 Discretionary Approval/Disapproval.

(a) A tentative map shall be approved if it is determined that the condominium conversion project is in compliance with all provisions of the article, other applicable chapters of the Fairfield City Code and Article 7 of the State Subdivision Map Act.

(b) A tentative map may be disapproved if it is determined that the common ownership project, although otherwise in compliance with the requirements of this article or chapter and chapter 25, would nevertheless be significantly detrimental to the health, safety, or welfare of future residents of the project, or to surrounding property, or to the public generally, due to features of design or improvement of the common ownership project as proposed. No determination of disapproval shall be made pursuant to this section unless the features justifying disapproval would be caused or substantially aggravated by the conversion itself.

(c) Any determination of disapproval pursuant to this section may be made in the first instance by either the Planning Commission or the City Council. If made by the Planning Commission, such disapproval shall be appealable in the same manner as other tentative map decisions.

(d) In no case shall a tentative map be approved except upon the condition that the common ownership project be designed and improved in accordance with the plans and related documents on file with the Community Development Department and approved by the Planning Commission and/or City Council. Furthermore, in the case of a conversion project, no tentative map shall be approved except upon the additional condition that all existing areas and structures, including walls and fences, landscaping, irrigation systems, and driveways and parking areas, which are proposed for common ownership, be brought into reasonably sound and attractive condition prior to approval of the final map, or within such time period as may be set by an agreement between the City and the subdivider, secured as provided in chapter 5 of the state subdivision map act. (Ord. No. 2012-04, § 3.)

25.187 Conditions.

If a common ownership project may be modified in a manner to avoid disapproval under sec. 25.171 or 25.186, the tentative map may be approved subject to conditions requiring such modifications; provided, however, that the tentative map shall be disapproved unless the applicant signs a written waiver of the time limits set forth in Sec. 66452.1, 66452.2 and 66452.5 of the Subdivision Map Act, so as to allow such time as may be necessary for the revision of the plans and documents specified in Sec. 25.170 in accordance with such modifications prior to any action to approve or disapprove the tentative map.

25.188 Filing of Final Tentative Map Applications and Waivers.

(a) Final tentative map application and applications requests for waivers shall be processed tri-annually as provided for by paragraph (b).

(b) Within 30 days following the adoption date of this ordinance and every fourth month thereafter.

25.189 Relationship to Other Laws.

Wherever regulations or restrictions imposed by this article are either more or less restrictive than regulations or restrictions imposed by any other law, the regulations, rules or restrictions which are more restrictive, or which impose higher standards or requirements shall govern.

25.190 Severability.

This article and the various sections, subsections and clauses thereof are hereby declared to be severable. If any article, sentence, paragraph, subsection, section or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of the chapter shall not be affected thereby. If any article, sentence, paragraph, subsection or section or clause is adjudged unconstitutional or invalid as applied to a particular property, building or other structure, it is hereby provided that the application of such portion of the chapter to other property, buildings or structures shall not be affected thereby.

25.191 - 25.217 Reserved for future legislation.

(Ord. 2006-08, effective 7/20/06)