Chapter 8-10
CONDOMINIUM CONVERSIONS
Sections:
8-10-04 Planned Development application requirements.
8-10-06 Private interior street standards.
8-10-07 Miscellaneous development standards.
8-10-09 Additional requirements.
8-10-12 Modifications of chapter provisions.
8-10-01 Purposes.
(a) Implement the Turlock General Plan Housing Element by:
(1) Providing housing for households in all income categories as called for in the Regional Housing Needs Report prepared by the Stanislaus Council of Governments (StanCOG); and
(2) Facilitating the provision of market-rate housing that will fulfill the needs of above-moderate, moderate and low-income households; and
(3) Targeting public resources toward conservation of existing housing and construction of new housing for very-low and low-income households; and
(4) Making sufficient land available for residential development to meet the City's share of regional housing needs; and
(5) Removing constraints to the production and conservation of housing unless those constraints are necessary to achieving vital City objectives; and
(6) Maintaining consistency among General Plan elements as the Plan is implemented; and
(7) Continuing to provide opportunities for persons from all economic segments of Turlock to participate in design and implementation of the Housing Program; and
(8) Work to provide equal access to housing for all households.
(b) Establish criteria for the conversion of existing multiple-family rental housing to condominiums, and stock cooperatives for the purpose of:
(1) Reducing the impact of such conversions on residents of rental housing who might be displaced; and
(2) Assuring adequate information is provided to purchasers of such conversions.
(1073-CS, Amended, 11/23/2006; 888-CS, Amended, 01/11/1996)
8-10-02 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) "Apartment" shall mean a room or group of rooms in a building rented or leased to a tenant and constituting five (5) or more dwelling units. For the purpose of this definition, "building" shall mean one or more buildings on one or more contiguous lots or parcels under common ownership, and the total contiguous number of dwelling units in all of such buildings shall be used to determine the number of dwelling units subject to the requirements of this chapter.
(b) "Community apartment project" shall mean a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.
(c) "Condominium" shall mean a development consisting of an undivided interest in common for a portion of a parcel coupled with a separate interest in airspace in a residential building on the parcel.
(d) "Stock Cooperative" shall mean a corporation which is formed primarily for the purpose of holding title to 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. The title of such property is held by the corporation, and the right to transfer of a share or shares of stock in the corporation held by the person having such right of occupancy.
(888-CS, Amended, 01/11/1996)
8-10-03 Permit required.
No person, firm, corporation, trust, partnership, or other entity shall convert existing dwelling units to condominiums, community apartment complex, or stock cooperative without first having secured the approval of a Planned Development. Furthermore, any such conversion requires compliance with the provisions of the Subdivision Map Act. The City Council may impose reasonable terms and conditions to any Planned Development as would be necessary to ensure compliance with the purpose, spirit and intent of this chapter.
(1073-CS, Amended, 11/23/2006; 888-CS, Amended, 01/11/1996)
8-10-04 Planned Development application requirements.
Application for a Planned Development shall include the following, over and above what is required with an application for a Planned Development:
(a) Existing supply report.
(1) The applicant shall conduct an occupancy survey of apartment developments in the City. If the vacancy rate in apartment developments is shown to be five (5) percent or below, all applications for conversion to condominiums shall be denied.
(2) The Community Development Director, or designee, shall verify to the Planning Commission the average number per year of apartment units constructed during the previous two (2) calendar years. Fifty percent (50%) of the certified annual average will then be the number allowable for conversion. If fewer units were converted than the maximum number allowable, the surplus will not be carried over to the next calendar year.
(3) If an existing supply report, as described in this section, has been completed within the current calendar year as any subsequent condominium conversion applications, then such subsequent applicants will be exempt from providing an additional existing supply report. If a substantial number of units are constructed after the initial existing supply report is completed, then the subsequent applicants shall provide an update to the existing supply report as determined necessary by the Community Development Director.
(b) Facilities report.
(1) A facilities report, prepared by a California licensed architect or California registered civil or structural engineer detailing the condition and estimated useful life of all elements of the existing buildings and other structures involved in the project, including, but not limited to, the following:
(i) roof;
(ii) foundations;
(iii) mechanical and electrical systems;
(iv) plumbing systems;
(v) structural elements;
(vi) paved surfaces;
(vii) exterior paint;
(viii) HVAC systems;
(ix) utility delivery systems;
(x) fire protection systems; and
(xi) swimming pools.
(2) The facilities report shall include the costs and schedule for replacement of any elements that do not meet current City standards as provided in the Municipal Code and resolutions or would have a useful life of less than five (5) years.
(3) The facilities report shall include a determination of the applicability of the construction codes for the conversion of multiple-family rental housing to condominiums.
(c) Development plan. A development plan shall be included in the submittal for a Planned Development application for conversion. Elements required to be submitted in the development plan shall include those required pursuant to a Planned Development application as defined in TMC 9-2-113.
(d) Existing tenancy report. The applicant shall provide a report on existing tenancy in the rental apartment units to be converted, which shall include:
(1) The names and addresses of the tenants;
(2) The number of families occupying the units who are on fixed incomes, have full-time college students, have children or have disabled individuals residing in the home;
(3) The size and rental rate of each unit;
(4) The number, rental rate and size of units occupied under any Federal or State assistance program; and
(5) A relocation plan for existing tenants, to include provisions as required by Section 66427.5 of the Subdivision Map Act and applicable State law.
The final form of the application shall be approved by the Community Development Director, and shall be referenced in the staff report to the Planning Commission.
(e) Building history report. The applicant shall provide a building history report, which shall include:
(1) The date of construction of all elements of the project; and
(2) A statement of the use or uses of the facilities since construction; and
(3) The date and description of each structural repair or renovation requiring an expenditure of one thousand dollars ($1,000.00) or more; and
(4) A statement regarding current ownership of all improvements and underlying property; and
(5) A structural pest report.
(f) Miscellaneous information. The applicant shall provide:
(1) A schedule of completion of all physical development of common facilities proposed in the project; and
(2) A maintenance plan, including projected costs and method of payment, for all physical development; and
(3) A copy of the proposed covenants, conditions and restrictions to be applied to the project; and
(4) A building codes analysis, to include a construction plan of the construction necessary as identified in item (b)(3) above.
(1073-CS, Amended, 11/23/2006; 888-CS, Renumbered, 01/11/1996, 8-10-05)
8-10-05 Standards.
(a) Building requirements.
(1) The project shall conform to the applicable standards of the adopted building related Codes found in Title 8 of this Code and the Uniform Fire Code as adopted in Title 4 of this Code. Discrepancies from said codes may be approved, if mitigation measures included in the facilities report required by Section 8-10-04(b) are approved by the City Building Department.
(2) Sound transmission shall meet the standards established in Article 4 of Title 25 of the California Administrative Code. The applicant shall provide a detailed report prepared by a certified acoustical expert stating the existing conditions and whether each unit meets current sound transmission standards.
(3) Separate meters for gas and electricity shall be provided for each unit.
(4) An inspection by the City Building and Fire Departments is required to ensure that the building is in compliance with all applicable codes.
(5) All of the building-related improvements shall be completed prior to recordation of the condominium map.
(b) Engineering requirements.
(1) All drainage shall be provided to City standards and be approved by the City Engineer.
(2) City water and sanitary sewers shall be provided to the property of each project, and individual water meters shall be provided for each unit with (shut-off) gate valves. Necessary on-site water lines under private ownership shall be provided. Each unit shall be responsible for the payment of sewer and water charges to the City.
(3) Sewer collection system shall be designed in accordance with City codes.
(c) Miscellaneous requirements.
(1) Declarations of Covenants, Conditions, and Restrictions shall include a statement requiring each individual owner and the homeowners' association to comply with all building, fire, and safety Codes enforced by the City Building and Fire Departments. The Declarations of Covenants, Conditions and Restrictions shall be reviewed and approved by the Community Development Director.
(2) A preliminary annual operating budget shall contain a sinking fund reasonably calculated to accumulate reserve funds to pay for major anticipated maintenance, repair or replacement expenses. This sinking fund shall be renewed annually in the homeowner's association budget under such requirements as specified in the homeowner's association documents.
(888-CS, Renumbered, 01/11/1996, 8-10-06)
8-10-06 Private interior street standards.
(a) Streets and drives shall be kept in a maintained condition with all equivalent to two (2") inch "Type-B" A.C. on four (4") inch Class II aggregate base pursuant to CalTrans/City standards.
(b) The minimum clear height and width of interior streets and drives shall be as required by the Uniform Fire Code.
(c) The minimum curb radii shall meet the requirements of the Fire Department.
(d) Streets shall be identified as private streets and drives and posted for no parking when necessary.
(e) Dead-end streets shall provide turnaround space as required by the Fire Chief and City Engineer.
(f) Unit numbers and/or master directories shall be provided in accordance with City Codes.
(g) All improvements as identified in tile engineering report as being necessary within two (2) years shall be replaced or repaired prior to the sale of any unit.
(888-CS, Renumbered, 01/11/1996, 8-10-07)
8-10-07 Miscellaneous development standards.
(a) Screened garbage and rubbish collection facilities shall be provided sufficient to serve all units and located for convenience to users and rubbish disposal contractors.
(b) Pedestrian pathways shall connect parking areas to individual units.
(c) Lighting shall be provided in accordance with City Codes.
(d) A landscaping plan shall be submitted, showing landscaped and usable open space areas, indicating size, location and areas used for private or common use and the private spaces dedicated to each unit.
(e) Laundry facilities shall be provided for the units. Common laundry facilities shall provide one washing machine and one clothes dryer per eight (8) unit without individual facilities.
(f) Relocation payments to displaced tenants shall be provided at a rate of no less than two (2) times the monthly rental of the unit. The developer will actively seek alternative housing for families displaced by conversion.
(888-CS, Renumbered, 01/11/1996, 8-10-08)
8-10-08 Findings.
The City Council shall not approve any application for the conversion of units unless the City Council finds that:
(a) All provisions of this chapter are met;
(b) The project is not detrimental to the health, safety, or general welfare of the community;
(c) The project is consistent with the Housing Element of the Turlock General Plan;
(d) The relocation plan provides for the deferred displacement of families with children, elderly tenants, disabled tenants, and full-time college students;
(e) The project will not result in economic displacement of nonpurchasing tenants, as set forth in Section 66427.5 of the Subdivision Map Act.
(1073-CS, Amended, 11/23/2006; 888-CS, Renumbered, 01/11/1996, 8-10-11)
8-10-09 Additional requirements.
The City Council may impose any additional requirements necessary to protect the public health, safety, or welfare of the public. The owner and applicant shall comply with all such conditions imposed.
(1073-CS, Amended, 11/23/2006; 888-CS, Renumbered, 01/11/1996, 8-10-12)
8-10-10 Public hearing.
The Planning Commission shall hold a public hearing to review all applications for conversions submitted pursuant to this chapter and make a recommendation to the City Council for their consideration in a public hearing. Notice of the hearing shall be published in accordance with applicable State law and the Turlock Municipal Code, and shall be provided to all tenants of the project at least ten (10) days prior to the hearing date.
(1073-CS, Amended, 11/23/2006; 888-CS, Amended, 01/11/1996)
8-10-11 Fees.
The Council shall establish fees for processing applications for conversion by resolution.
(888-CS, Renumbered, 01/11/1996, 8-10-14)
8-10-12 Modifications of chapter provisions.
The requirements of this chapter may be modified by the Planning Commission when at least one of the following findings can be made based on evidence presented at the hearing:
(a) There are exceptional or extraordinary circumstances or conditions applicable to the property; or
(b) The unique nature of the particular project requires design innovations to carry out the intent of this chapter; or
(c) The granting of the modification will not be detrimental to the public health, welfare, or safety or be injurious to other property in the surrounding area.
(888-CS, Renumbered, 01/11/1996, 8-10-15)
8-10-13 Enforcement.
(a) Misdemeanor. Failure to comply with this chapter is a misdemeanor punishable as provided in TMC 1-2-01.
(b) Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.
(1073-CS, Renumbered, 11/23/2006, 8-10-14; 888-CS, Enacted, 01/11/1996)