Chapter 15.20 CONDOMINIUM CONVERSIONS

For the purpose of this chapter, certain terms are defined. Words used in the present tense shall include the future; words used in the singular shall include plural; the word “shall” is mandatory, the word “may” is permissive.

A. “Condominium” is defined as an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A “condominium” may include in addition a separate interest in other portions of such real property (Civil Code Section 783). “Condominium,” as used in this title, includes “community apartment.”

B. “Community apartment” is defined as a development in which there is an undivided interest in the land coupled with the right of exclusive occupancy of an apartment located therein. Community apartments shall be subject to the same restrictions and conditions set forth in this chapter for condominiums.

C. “Condominium conversion” is defined as the development or use of the land and existing structures as a condominium project regardless of the present or prior use of such lands and structures, and regardless of whether substantial improvements have been made to such structure(s).

D. “Condominium project” is defined as the entire parcel of real property, including all structures thereon, to be divided into two or more units for the purpose of constructing or converting existing structures to condominium units.

E. “Conversion” is defined as the act of changing the use or ownership of a structure or air space therein, or area of land from rental to individual ownership.

F. “Moderate income” is defined as the most recent standard as set forth by the Department of Housing and Urban Development.

G. “Housing policy statements” are those statements or ordinances so entitled which have been or will be adopted by the city council.

H. “Mobile home park” is any area or tract of land where two or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation.

I. “Stock cooperative” is a corporation which is formed or availed of primarily of for purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock or membership certificate in the corporation held by the person having such right of occupancy. The term “stock cooperative” does not include a limited-equity housing cooperative, as defined in Section 11003.4 of the Business and Professions Code.

J. “Unit” shall mean that area of real property within a condominium or conversion project to be held in private ownership. (Ord. 607 §2, 1982)

15.20.040 Zoning compliance requirements.

A. There are recognized established zoning districts into which the city is divided. These districts are set forth in detail in Title 17 of this code.

B. All condominium projects and conversions shall comply with the development site requirements and development standards as set forth in Title 17 of this code, unless exempted in this chapter. (Ord. 607 §3, 1982)

ARTICLE II. GENERAL STANDARDS

15.20.050 Plan approval considerations.

Among the factors to be considered in the approval of condominium or conversion projects shall be:

A. Provision of adequate protected storage space for each residential until in addition to closet space normal to all units. Said space shall be covered and enclosed and shall be a minimum of fifty square feet in area;

B. Provision of laundry facilities or areas for same in each residential unit or adequate common facilities;

C. Provision of minimum one hundred twenty-five square feet for each residential dwelling unit for the purpose of boat, trailer or RV storage. Boats and trailers shall be stored only within areas specifically designated or within enclosed garages, if available. The area shall be screened by solid fencing. (Ord. 607 §4.1, 1982)

15.20.060 Compliance with zoning development standards required.

Requirements of condominium projects and conversions to unit ownership shall meet all development standards as set forth for condominiums within Title 17 of this code so as to more fully meet the needs of condominium occupants which in the opinion of the city more closely parallel needs of single-family dwelling unit occupants than those of apartment dwellers. Needs of specific concern are parking spaces, laundry facilities, storage and RV parking areas, access points to public streets, private roads and project utilities. (Ord. 607 §4.2, 1982)

15.20.070 Separation of facilities.

Utilities shall be brought to conformance to current standards particularly to the separation of facilities for each unit. (Ord. 607 §4.3, 1982)

ARTICLE III. TENTATIVE MAPS

15.20.080 Application--Contents.

Application for a tentative map for a condominium or conversion project shall include:

A. A map showing all common areas and usages of the building(s) and grounds, and plans for the interior division of the building(s), if applicable, showing horizontal and vertical boundaries of all units within the building(s) or upon the ground;

B. Proposed improvements within the project to bring into or closer to conformity with standards;

C. A copy of the bylaws of the homeowner’s association, including the following:

1. A maintenance plan which clearly specifies methods and standards for performance of common responsibilities and maintenance for all common areas and equipment and fees to be assessed for such purposes. The maintenance plan shall include a sinking fund for major repairs and extraordinary expenses. (See the appendix, sample form, attached to the ordinance codified in this chapter, on file in the office of the city clerk);

2. A provision that an individual owner cannot avoid liability for his prorated share of the expenses for the common areas by renouncing his rights in the common area.

D. A preliminary conversion report from the department of building inspection on the condition of the building, listing all housing code violations and related violations which are detrimental to the health, safety and welfare of the public, the owners and the occupants of the building. The applicant shall provide copies of the above report to prospective purchasers.

E. A report on the proposed conversion from the department of engineering on the condition of public improvements, specifically streets, sewer and water mains, laterals and appurtenances, storm drainage facilities, traffic control and direction, fire hydrants, sidewalks and walkways, and other items deemed necessary by the department of engineering for improvement.

F. A report on the existing rental conditions which shall include, but not be limited to, the following information, when applicable:

1. Length of occupancy of present tenants;

2. Household composition;

3. Current rents; whether rents include or exclude utilities; date and amount of last two increases;

4. Nature of lease agreements;

5. Approximate sale price of units and financing arrangements to tenants opting to purchase; and

6. Unit occupancy or vacancy status.

G. Plans and descriptions, showing how the following will be performed:

1. All site work shall be brought up to current city standards. The city may require the provision of additional parking spaces to meet requirements of owners and guests. The building(s) or units shall be brought up to code in accordance with any applicable Uniform Building Code or this title;

2. The proposed time schedule, plans and specifications on the correction of all deficiencies set forth in the reports prepared in accordance with subsections D and E of this section;

3. Condominium projects shall meet current Uniform Building Code requirements for products-of-combustion detection devices and systems;

4. Condominium projects shall meet current Uniform Building Code requirements for handicapped access; and

5. Plans and specifications for the individual metering to each unit for public utilities.

H. At the time of filing a tentative map for a subdivision to be created from the conversion of a mobile home park to another use, the subdivider shall also file a report on the impact of the conversion upon the displaced residents of the mobile home park to be converted. In determining the impact of the conversion on displaced mobile home park residents, the report shall address the availability of adequate replacement space in mobile home parks. The subdivider shall make a copy of the report available to each resident of the mobile home park at least fifteen days prior to the hearing on the map by the planning commission.

The planning commission and the city council may require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park. This section shall also apply to a mobile home park conversion to private ownership of the lots.

I. A list of names and addresses of mobile home owners and/or tenants.

J. A detailed plan 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. The plan shall include additional measures, including assistance in locating comparable housing, assistance in locating a moving company, and payment to cover estimated moving costs, to assist special needs tenants, including senior citizens over the age of sixty-two, households with a handicapped person, and lower income households living with one or more minor children. Limited equity residential cooperatives which provide long term affordability for the units proposed for conversion are exempt from this requirement.

K. The applicant shall offer for dedication all common areas as public utility easements (PUEs), and the city shall accept the offer on behalf of the public utilities involved. (Ord. 893 §2(1), 2014; Ord. 607 §5.1, 1982)

15.20.090 Housing goals.

The planning commission shall consider whether the proposed conversion is consistent with the following housing goals, if applicable:

A. To encourage continuation of social and economic diversity within Lakeport through the provision of a variety of housing types;

B. To expand the supply of decent housing for low and moderate income families;

C. To minimize the adverse impact to the availability of residential rentals. (Ord. 607 S5.2, 1982)

15.20.100 Low-income or moderate-income units.

The planning commission may establish reasonable requirements to ensure that a percentage of the converted units will be reserved for persons of low or moderate income, particularly if low and moderate income persons are rental tenants. The planning commission may deny the tentative map upon findings any of the following:

A. Based on the information required by Section 15.20.080(F) and on the existing vacancy rate for rental housing, that existing tenants will have substantial difficulty in obtaining comparably priced rental housing;

B. The ratio of multiple-family rental units would be reduced to less than four percent of the total number of dwelling units in the city, with no replacement rental being provided;

C. The unavailability of comparable mobile home rental spaces. (Ord. 607 §5.3, 1982)

15.20.110 Findings necessary for approval--Condominium conversions or community apartment projects.

The planning commission shall make the following specific findings prior to approving a condominium conversion or community apartment project, at a tentative map stage:

A. Each of the tenants of the proposed condominium project has been, or will be, given one hundred eighty days’ written notice of intention to convert prior to termination of tenancy due to conversion or proposed conversion;

B. Each of the tenants of the proposed condominium project has been or will be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or upon terms more favorable to the tenant. The right shall run for a period of not less than ninety days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the California Business and Professions Code and Sections 15.20.150 and 15.20.160 of this chapter, unless the tenant gives prior written notice of his intention not to exercise the right;

C. That at least sixty percent of the residents within the residential complex are in favor of the condominium conversion;

D. That residents sixty-two years of age or older or permanently disabled would receive lifetime leases at current rental rates, amended by a cost-of-living escalator, not to exceed the National Consumer Price Index figure; this shall include a surviving spouse;

E. That low and moderate income tenants would receive two-year leases at current rental rates, amended by a cost-of-living escalator, not to exceed the National Consumer Price Index figure;

F. Commencing at a date not less than sixty days prior to the filing of a tentative map, the subdivider has given notice of such proposed filing 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 set forth in Section 66452.8(b) of the California Government Code. Failure by a subdivider to give the notice required in this subsection shall not be grounds to deny the conversion; however, if the subdivider fails to give notice pursuant to this section, he or she shall pay to each prospective tenant who becomes a tenant and who is entitled to such notice, and who does not purchase his or her unit pursuant to subsection B of this section, an amount equal to the following:

1. Actual moving expenses incurred when moving from the subject property; and

2. The first month’s rent on the tenant’s new rental unit, if any, immediately after moving from the subject property.

G. The subdivider has given notice sixty days prior to the filing of a tentative map to each tenant of the subject property. The notice shall be as set forth in Section 66452.9(b) of the California Government Code. The written notices required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. (Ord. 893 §2(2), 2014; Ord. 607 §5.4, 1982)

15.20.120 Findings necessary for approval--Mobile home park conversions.

The planning commission shall make the following specific findings prior to approving a conversion of a mobile home park at a tentative map stage:

A. That the management has given the tenants at least fifteen days’ written notice that the management will be appearing before the planning commission to request permits for a change of use of the mobile home park;

B. Each of the mobile home owners has been or will be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such lots will be initially offered to the general public, or upon terms more favorable to the tenant, taking into account improvements made by that tenant (i.e., landscaping, decks, pads, etc.). The right shall run for a period of not less than ninety days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the California Business and Professions Code and Sections 15.20.150 and 15.20.160 of this chapter, unless the tenant gives prior written notice of his intention not to exercise the right;

C. That the management shall be required to give the tenant twelve months or more written notice of the proposed change after the management has made initial application to the planning commission requesting a change of use;

D. That all requirements for tenant notification have been or shall be complied with pursuant to Section 798.55, 798.56 and 798.57 of the California Civil Code;

E. That at least sixty percent of the residents within the mobile home park are in favor of conversion;

F. That residents sixty-two years of age or older or permanently disabled would receive lifetime leases at current rental rates, amended by a cost-of-living escalator, not to exceed the National Consumer Price Index figure; this shall include a surviving spouse;

G. That low and moderate income tenants would receive two-year leases at current rental rates, amended by a cost-of-living escalator, not to exceed the National Consumer Price Index figure;

H. That the project site has been rezoned to appropriate P-C zoning. (Ord. 607 §5.5, 1982)

15.20.130 Mobile home park conversion--Assumption of costs.

If the planning commission finds that the original owner of a project has done any of the following, then as a condition of the approval of the project, the present

owner/applicant shall assume all costs of moving the mobile home within fifty miles, if the mobile home has to be moved:

A. Removed the wheels and/or axles from a mobile home sold in place in the park; and

B. Sold a mobile home in place in the park which has been physically located by the park owner in such a manner that it cannot practicably be moved; or

C. Restricted the park by rule or regulation that a tenant was required to perform the provisions of subsections (A) or (B) of this section. (Ord. 607 §5.6, 1982)

15.20.140 Provision of tenant assistance.

The planning commission may incorporate the following conditions into the approval of a conversion project to assist and ease the displaced tenants:

A. The tenant’s rent shall not be increased from the time the tenant is notified of intention to convert until relocation takes place;

B. Tenants will receive moving expenses of two times the monthly rent. (Ord. 607 §5.7, 1982)

ARTICLE IV. PUBLIC REPORTS AND FEES

15.20.150 Notice to tenants.

A. No later than five days after issuance of the tentative public report by the California State Department of Real Estate, the applicant shall notify tenants of the proposed conversion, supplying a copy of the public report to each unit tenant if so requested; and report to the planning department of the city within thirty days thereafter the approximate number of tenants desiring to convert to condominium ownership.

B. All report procedures shall conform to Section 11000 of the state Business and Professions Code. (Ord. 607 §6.1, 1982)

15.20.160 Review fees.

Fees associated with the review process of a proposed condominium or conversion project shall be set by the city council by resolution to reflect actual incurred costs. (Ord. 607 §6.2, 1982)

ARTICLE V. FINAL AND PARCEL MAPS

15.20.170 Filing requirements.

Final and parcel map filing for conversions shall be filed in the same manner as specified in the Title 16 of this code, except that concurrently filed shall be the following:

A. Condominium bylaws;

B. A condominium/conversion report from the department of building inspection stating that the condominium structures and units are in conformance with the applicable housing code, as adopted by the city, and those improvements as set forth in Section 15.20.080(D) of this chapter have been completed.

C. A condominium or conversion report from the department of engineering stating that the public improvements as set forth in Section 15.20.080(E) of this chapter have been improved to an acceptable standard or that agreements have been entered into with the city council pursuant to Section 15.20.180 of this chapter.

D. The city council shall not approve the filing of a final map until it finds all of the following:

1. Each of the tenants of the proposed condominium or conversion project have received, pursuant to Section 66452.9 of the California Government Code, written notification of intention to convert at least sixty days prior to the filing of a tentative map pursuant to Section 66452 of the California 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 the Subdivision Map Act or Chapter 3 (commencing with Section 66451 of the California Government Code). In addition, a finding shall be made that each tenant has received ten 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 upon request. The written notices to tenants required by this section shall be deemed satisfied if such notices are deposited in the U.S. mail, first class, postage prepaid.

2. Each of the tenants of the proposed condominium, community apartment project to stock cooperative project has been, or will be, given written notification within ten days of approval of a final map for the proposed condominium, or conversion.

3. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has been, or will be, given one hundred eighty days’ written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this section 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 the 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 the 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 ninety 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.

E. This section shall not diminish, limit or expand, other than as provided in herein, the authority of the city to approve or disapprove condominium or conversion projects. (Ord. 607 §7.1, 1982)

15.20.180 Improvement security.

If the improvement work required under Section 15.20.080(G) of this chapter cannot be completed to the satisfaction of the city before the final or parcel map is filed, the applicant may enter into an agreement with the city council. “Improvement security,” as used in this section, means one or more of the following:

A. A cash deposit or deposits made with the city;

B. A bond or bonds by one or more duly authorized corporate sureties; or

C. An instrument or instruments of credit from one or more financial institutions subject to regulation by the state or federal government, pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument. (Ord. 607 §7.2, 1982)

ARTICLE VI. VARIANCES

15.20.190 Application--Conditions.

A. Applications for variances from the strict application of the terms of this chapter may be made and variances granted when the following circumstances are found to apply:

1. That any variances granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other projects of similar type; and

2. That because of special circumstances applicable to the subject project, the strict application of this chapter is found to deprive the subject project of privileges enjoyed by other projects under identical conditions.

B. Applications for variances shall be made in writing by the property owner, lessee, purchaser in escrow, optionee with the consent of the owners, or by a public utility company or other agency with the powers of eminent domain, on a form prescribed by the planning commission. They shall be accompanied by a fee, set by resolution of the city council; a plan of the details of the variance requested; and evidence showing:

1. That the granting of the variances will not be contrary to the extent of this chapter or to the public safety, health and welfare; and

2. That due to special conditions or exceptional characteristics of the project, or its location, the strict application of this chapter would result in practical difficulties and unnecessary hardship. (Ord. 607 §§8.1, 8.2, 1982)

15.20.200 Hearing procedures.

A. A public hearing shall be held on any application for a variance.

B. Notice of the hearing shall be given not less than ten days prior to such hearing, by posting in three places, and by mailing, postage prepaid, a notice of hearing stating the time and place of such hearing to all persons whose names and addresses appear on the latest tax roll, or as known to the city, as owning property within three hundred feet from the exterior boundaries of the area occupied, or to be occupied, by the use which is the subject of the hearing; and the tenants of the proposed conversion project.

C. Such notice shall set forth a general description of the property affected, and the nature of the proposed use or variance. (Ord. 607 §8.3, 1982)

15.20.210 Appeal stays issuance.

Variances shall not be issued until five days have elapsed from the granting thereof, and in case an appeal is filed from the planning commission decision thereon shall not be issued until a decision is made by the city council on such appeal. (Ord. 607 S8.4, 1982)

15.20.220 Acknowledgment and acceptance required.

Variances shall not have any force and effect until the permittee acknowledges receipt thereof and acceptance of any conditions thereto. (Ord. 607 §8.5, 1982)

15.20.230 Appeal procedure.

In case the applicant or any other person is not satisfied with the action of the planning commission on any variance application, he may within five days appeal in writing to the city council, accompanied by a fee as set by resolution of the city council.

A. Upon receipt of the appeal and fee, the city council shall set the matter for public hearing, notice thereof to be given as provided by law. Notice shall also be given to the planning commission which shall submit a report to the city council setting forth the reasons for the action taken by the commission. The report shall be submitted in writing or by a representative at the hearing.

B. The city council shall render its decision not more than forty-five days after the close of the hearing. (Ord. 607 §8.6, 1982)

15.20.240 Expiration.

Any variance granted in accordance with the terms of this chapter shall, without further action, become null and void if not used within one year from the date of the approval thereof or within any shorter period of time, if so designated by the planning commission. (Ord. 607 S8.7, 1982)

15.20.250 Revocation.

Any variance granted in accordance with the terms of this chapter may be revoked by the city council in the manner hereinafter set forth, if any of the conditions or terms of such variance are violated.

A. Before the council considers revocation of a variance, the planning commission shall hold a hearing thereon giving notice thereof to the permittee at least ten days in advance of such hearing. Within five days thereafter, the commission shall transmit a report of its findings and recommendations on the he revocation to the city council.

B. Revocation of a variance can occur when continued relief from the strict application of the terms of this chapter would be contrary to the public interest, safety, health and welfare. (Ord. 607 S8.8, 1982)

ARTICLE VII. APPEALS

15.20.260 Authority.

The planning commission shall have the power to hear and decide appeals on the city staff’s enforcement or interpretation of the provisions of this chapter. (Ord. 607 §10.2, 1982)

15.20.270 Further appeal.

In case the applicant/developer is not satisfied with the action of the planning commission on his appeal, he may within five days appeal in writing to the city council. The city council shall render its decision within forty-five days after the filing of such appeal. (Ord. 607 §10.3, 1982)

ARTICLE VIII. INTERPRETATION

15.20.280 Abrogation and greater restrictions.

Except as specifically provided in this chapter, this chapter is not intended to repeal, abrogate, annul or in any way affect any existing provisions of any laws or ordinances or regulations or permits previously adopted or issued, relating to condominium construction; provided, however, in any instances where this chapter imposes greater restrictions required by an existing law, ordinance, regulation or permit, the provisions of this chapter shall control. (Ord. 607 §10.1, 1982)

ARTICLE IX. AMENDMENTS

15.20.290 Generally.

Amendments to the ordinance codified in this chapter shall be initiated and adopted as other ordinances are amended or adopted. (Ord. 607 §9.1, 1982)