HomeMy WebLinkAbout1315ORDINANCE NO. 131:5(1996 SERIES)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE CONDOMINIUM DEVELOPMENT AND CONVERSION
REGULATIONS TO REQUIRE AFFORDABLE HOUSING AND TO ALLOW
EXCEPTIONS TO THE SOLAR WATER HEATING REQUIREMENT.
WHEREAS, Housing Element Program 1.22.16 calls for the City to revise its condominium
regulations to discourage or prevent the conversion of affordable rental units to condominium units
unless permanent affordable guarantees, such as deed restrictions, are incorporated into the
conversion; and
WHEREAS, Housing Element Program 1.22.12 calls for the periodic review of planning and
building regulations for possible changes to assist in the production of affordable housing while not
conflicting with other General Plan policies, or to remove regulations that are no longer needed; and
WHEREAS, the Planning Commission held a hearing on October 9, 1996 to discuss
amendments to the City's Condominium Development and Conversion Regulations and recommended
that the City Council amend Chapter 17.20 of the San Luis Obispo Municipal Code to implement
these Housing Element programs;
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council has determined that the proposed amendments are not a
project as defined by Section 15378 of the California Environmental Quality Act because they involve
the enactment or amendment of zoning regulations and will not result in a physical change in the
environment, and consequently, are exempt from further environmental review.
SECTION 2. Chapter 17.82 of the San Luis Obispo Municipal Code is hereby amended as
shown in Exhibit A.
SECTION 3. A synopsis of this ordinance, approved by the City Attorney, together with the
names of the Council Member voting for and against, shall be published at least five days prior to its
final passage, in the Telegram- Tribune, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo
at a meeting held on the 19 day of November on motion of
Council Member Roalman ,seconded by Council Member Smith and on
the following roll call vote:
01315
Ordinance No. 1315 (1996 Series)
Page 2
AYES: Council Members Smith, Roalman, Mayor Settle
NOES: Council Member Romero, Vice Mayor :Williams
ABSENT: None
ATTEST:
Bonnie m 0, /70, Aell — K
'7Y Clerk
APPROVED AS TO FORM:
jh/Lxondo.ord
Mayor Allen K. Settle
Chapter 17.82
RESIDENTIAL CONDOMINIUM DEVELOPMENT AND CONVERSION
Sections:
17.82.010
Purpose and intent.
17.82.020
Definitions.
17.82.030
Applicability of other laws.
17.82.040
Provisions to govern condominium conversion projects.
17.82.050
Application requirements.
17.82.060
Acceptance of report.
17.82.070
Copy of reports to buyers.
17.82.080
Tenant provisions.
17.82.090
Hearing -- Notification.
17.82.100
Application -- Required findings.
17.82.110
Property improvement standards for condominium conversions.
17.82.120
Conversion limit procedure.
17.82.130
New project regulations -- Standards to govern.
17.82.140
Property improvement standards for new condominium projects.
17.82.150
Affordable Housing Requirements.
17.82.160
Exceptions.
17.82.010 Purpose and intent
Condominiums, community apartments and stock cooperatives provide for ownership of
separate dwellings, or equity coupled with a right of exclusive occupancy, as well as common
areas within multiple- family housing normally managed and maintained by an owner's association.
This mix of individual and common ownership and the potential problems of converting existing
apartments make special regulations necessary.
The city has determined that condominiums differ from apartments in some respects and,
for the benefit of public health, safety and welfare, such projects should be treated differently from
apartments.
These regulations are intended to:
A. Establish requirements and procedures for the conversion of existing rental housing to
residential condominiums and other forms of occupant ownership;
B. Provide for compliance with the housing element of the general plan;
C. Assure that purchasers of converted apartments are aware of the condition of the
structure which is offered for purchase;
D. Provide design and property improvement standards for condominium projects, both
new and converted. (Ord. 984 ss 2 (part), 1983: prior code ss 9850)
E. Minimize the loss of affordable housing stock as a result of condominium conversions.
17.82.020 Definitions
The following words and phrases shall have the indicated meanings:
Ordinance No. 1315 (1996 Series)
Page 2
A. "Applicant" means the owner of real property proposed to be subdivided, or his
authorized representative.
B. "Affordable housing" means housing which rents or sells at prices which conform to
the City's "Affordable Housing Standards" issued by the Community Development Director, as
provided by SLOMC 17.90.090.
C. "Community apartment" means an apartment development in which an undivided
interest in the land is coupled with the right of exclusive occupancy of an apartment located
thereon. For the purposes of this chapter, community apartments will be subject to the same
regulations as condominium projects.
D. "Condominium conversion" means the conversion of property from occupancy under
its existing tenancies or estates to occupancy under condominium, community apartment or stock
cooperative interests.
E. "Condominium project" means the entire parcel of real property, including all
structures thereon, subdivided or to be subdivided for the purpose of constructing or converting
existing structures to condominium units.
F. "Design." Design of a project shall include:
1. Driveway location, grades and widths;
2. Drainage and utilities, including size, alignments and grades thereof,
3. Location and size of all required easements and rights of way;
4. Fire protection devices;
5. Lot size and configuration;
6. Traffic access;
7. Parking;
8. Land to be dedicated for park or recreational purposes;
9. Landscaping,
10. Structures; and
11. Other specific requirements in the plan and configuration of the entire project
as may be necessary or desirable to insure conformity to or implementation of the
general plan or any adopted specific plan.
G. "Stock cooperative" means a corporation which is formed or availed of primarily for
the 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 in
the corporation held by the person having such right of occupancy. For the purposes of this
chapter, stock cooperatives will be subject to the same regulations as condominium projects.
(Ord. 984 ss 2 (part), 1983: prior code ss 9851)
17.82.030 Applicability of other laws.
All condominium projects shall be subject to all applicable provisions of the Subdivision Map Act
and Titles 15,16 and 17 of this code, and all other applicable state and local laws and ordinances.
(Ord. 984 ss 2 (part), 1983: prior code ss 9852)
Ordinance No. 1315 (1996 Series)
Page 3
17.82.040 Provisions to govern condominium conversion projects.
The procedures and standards contained in this chapter shall govern condominium
projects. (Ord. 984 ss 2 (part), 1983: prior code ss 9853)
17.82.050 Application requirements.
The following shall be provided at the time of application for condominium conversion:
A. Property condition report. The application shall be accompanied by a property
condition report including at least the following:
1. A report detailing the condition of all elements of the property including
foundations, ventilation, utilities, walls, roofs, windows, mechanical equipment,
appliances which will be sold with the units, common facilities and parking areas.
The report shall state, to the best knowledge of the applicant, and for each
element: the date of construction, the condition, the expected useful life, the cost
of replacement, and any variations from the zoning regulations in effect when the
last building permit was issued for the subject structure(s). The report shall
identify all defective or unsafe elements or those which may impair use and
enjoyment of the property, and explain the proposed corrective measures to be
used. The report shall be prepared by or under the supervision of a registered civil
or structural engineer, licensed general contractor or architect;
2. A report from a licensed pest- control operator describing in detail the presence
and effects of any wood destroying organisms;
3. A report of any known soil or geological problems. Reference shall be made to
any previous soil reports for the site.
B. Site plan. The application shall be accompanied by a site plan which shall include at
least the following:
1. The location, number of stories, number of all dwellings, and proposed uses for
each structure to remain and for each proposed new structure;
2. The location, use and type of surfacing for all open storage areas;
3. The location and type of surfacing for all driveways, pedestrian ways, vehicle
parking areas, and curb cuts;
4. The location, height and type of materials for walls or fences;
5. The location of all landscaped areas, the type of landscaping, method of
irrigation, and a statement specifying private or common maintenance;
6. The location and description of all recreational facilities;
7. The location, size and number of parking spaces to be used in conjunction with
each unit;
8. The location, type, and size of all drainage pipes and structures;
9. Existing contours, building pad elevations and percent slope for all driveways
and parking areas;
C. Evidence of delivery of notice of intent to convert. The application shall be
accompanied by signed copies from each tenant of the notice of intent to convert as
specified in Section 17.82.080A. The applicant shall submit evidence that a certified letter
of notification was sent to each tenant for whom a signed copy of the notice is not .
Ordinance No. 1315 (1996 Series)
Page 4
submitted.
D. Other information. The application shall be accompanied by any other information
which in the opinion of the director of community development will assist in determining whether
the proposed project will be consistent with the purposes of these regulations. (Ord. 984 ss 2
(part), 1983: prior code ss 9853.1)
17.82.060 Acceptance of Report
The community development director shall establish the final form of the reports required
by Section 17.82.050. Approved reports shall remain on file with the community development
department for review by interested persons. (Ord. 984 ss 2 (part), 1983: prior code ss 9853.2)
17.82.070 Copy of reports to buyers.
Each prospective purchaser shall be provided with a copy of all reports in their final form,
except the signed notices of intent to convert, prior to entering escrow. Copies of the report shall
be available at the sales office and the project site. (Ord. 984 ss 2 (part), 1983: prior code ss
9853.3)
17.82.080 Tenant provisions
A. Notice of intent to convert. Applicant shall give each tenant a written notice of intent
to convert at least one hundred eighty days before termination of tenancy due to conversion. The
notice shall contain at least the following:
1. Name and address of current owner;
2. Name and address of proposed subdivider;
3. Approximate date on which the unit is to be vacated by non - purchasing tenants;
4. Tenant's right to purchase,
5. Statement of no rent increase; and statement of proposed sales prices and
terms.
B. Tenant's right to purchase. Pursuant to Government Code Section 66427.1(d),
applicant shall give any present tenant a nontransferable right of first refusal to purchase the unit
occupied. This right of first refusal shall extend at least ninety days from the date of issuance of
the subdivision public report or commencement of sales, whichever date is later.
C. Vacation of units. Each non - purchasing tenant not in default under the provisions of
the rental agreement or lease under which he occupies his unit, shall have the right to remain not
less than one hundred eighty days from the date of receipt of notification of intent to convert.
D. No increase in rents. A tenants rent shall not be increased during the one hundred
eighty day period provided in subsection C of this section.
E. Notice to new tenants. After submittal of the tentative map, prospective tenants shall
be given a written notice of intent to convert prior to leasing or renting any unit. (Ord. 984 ss 2
(part). 1983: prior code ss 9853.4.)
Ordinance No. 1315 (1996 Series)
Page 5
17.82.090 Hearing -- Notification.
Prior to acting on applications, the planning commission and council shall each hold a public
hearing, notice of which shall be given tenants of the proposed conversion and posted on the
property at least ten days beforehand. (Ord. 984 ss 2 (part), 1983: prior code ss 9853.5)
17.82.100 Application -- Required findings.
An application for condominium conversion shall not be approved until these findings are made:
A. All provisions of these regulations have been or will be met;
B. The proposed conversion is consistent with the general plan;
C. That there exist facts adequate to support the findings required under Sections
66473.5 and 66474 of the Government Code;
D. !!.*.'-..`That: (1) affordable housing units at risk will be offered at rents or sales prices
affordable to low- or moderate - income persons, or (2) an equivalent number of new units
comparable in affordability and amenities to those being converted are being created as part of the
new project; or that low- or moderate - income persons will not be displaced by the proposed
conversion.
17.82.110 Property improvement standards for condominium conversions.
A. Building and zoning regulations. Conversion projects shall substantially comply with
the city's building and housing codes and zoning regulations in effect on the date the conversion
project is approved.
B. Fire safety.
1. Smoke detectors. Each living unit shall be provided with approved smoke
detectors mounted on the ceiling or wall at a point centrally located in the area
giving access to rooms used for sleeping purposes.
C. Fire protection systems. All fire hydrants, fire alarm systems, portable fire.
extinguishers and other fire protection appliances shall be maintained in operable condition at all
times and shall comply with current city standards.
D. Utility metering. The consumption of gas, electricity and water within each unit shall
be separately metered and there shall be circuit breakers and shutoff valves for each unit.
E. Storage. Each dwelling unit shall have provision for at least two hundred cubic feet of
enclosed, weatherproof, and lockable private storage space, exclusive of cabinets and closets
within the unit. This space shall be for the sole use of the unit owner. The minimum opening
shall be two and one half feet by four feet and the minimum height shall be four feet.
F. Laundry facilities. A laundry area shall be provided in each unit, or in common laundry
space. Common facilities shall consist of at least one washer and dryer for each ten units or
fraction thereof.
G. Parking. The number of parking spaces shall be as provided in the zoning regulations.
Spaces for the exclusive use of occupants of each unit shall be so marked. Visitor parking and
special stopping zones, if any, shall also be marked.
H. Refurbishing and restoration. All structures, common areas, sidewalks, driveways,
Ordinance No. 1315 (1996 Series)
Page 6
landscaped areas and facilities, if defective, shall be refurbished and restored to a safe and usable
condition. All deficiencies shall be corrected prior to recordation of a final map.
I. Minimum project size. Condominium conversion shall not be allowed for projects
consisting of less than ten residential units.
J. Private open space. There shall be provided with each unit a minimum of two hundred
fifty square feet of qualifying private open space for projects in the R -1 or R -2 zones, and a
minimum of one hundred square feet for projects in the R -3 or R -4 zones. To qualify, open space
must be private and directly accessible from the unit it serves, and must have a minimum
dimension in every direction of ten feet for open space provided at ground level or six feet for
open space provided on a balcony or elevated deck and must be located outside the street yard
required by the zoning regulations.
K. Common open space. There shall be provided in each project a minimum of one
hundred square feet of qualifying common open space per unit for projects in the R -3 or R -4
zones. To qualify, open space shall have a minimum dimension in every dimension of ten feet for
open space provided at ground level or six feet for open space provided on a balcony or elevated
deck, and must be located outside the street yard required by zoning regulations. Common open
space need not be located with each unit. There is no minimum common open space requirement
for projects in the R -1 and R -2 zones.
L. Total open space. There shall be provided in each project a minimum of one thousand
square feet per unit of qualifying private and common open space for projects in the R -1 zone,
seven hundred fifty square feet per unit for projects in the R -2 zone, and four hundred square feet
per unit for projects in the R -3 or R -4 zones.
M. Common recreation facilities. There shall be provided in each project in the R -3 or R-
4 zones a minimum of twenty square feet per unit of common indoor recreation facilities, or forty
square feet per unit of improved outdoor recreation facilities. Common recreation facilities shall
be available for, and limited to, the use of the project's tenants and their guests. Common
recreation facilities must be located outside the street yard required by zoning regulations.
N. Open space and recreation facilities in nonresidential zones. Requirements for open
space and recreational facilities for projects in nonresidential zones shall be set by the council at
the time the project is reviewed.
O. Installation of clotheslines. Tenants shall not be prohibited from installing clotheslines
in private open areas which are substantially screened from common view. (Ord. 984 ss 2(part),
1983: prior code ss 9853.7)
17.82.120 Conversion limit procedure.
A. Annual limit. The city shall not approve conversion projects in any one calendar year
resulting in more units being converted than one -half the number of multi - family rental dwellings
added to the city's housing stock during the preceding year. The number of multi - family rental
units added in one year shall be determined as follows: From January 1 st through December 31 st,
the total number of multi - family rental units given a final building inspection and occupancy
permit minus the number of such units demolished, removed from the city, or converted to
nonresidential use.
B. Filing period. Applications for conversion may be filed during the month of January
Ordinance No. 1315 (1996 Series)
Page 7
and February only. No action shall be taken on applications during this period.
C. Project ranking.
1. If applications on file at the end of the filing period would, when approved,
convert more dwelling units than allowed under subsection A of this section, the
planning commission shall rank the applications according to the following criteria:
a. The fractions of tenants not objecting to conversion;
b. Time given tenants to relocate, in addition to the minimum requirement;
c. Credit of tenants' rent or deposits toward purchase price;
d. Provision of individual open space with each dwelling;
e. Provision of additional storage space beyond minimum requirement;
f. Provision of additional parking beyond minimum requirement;
g. Provision of additional open space or recreation facilities beyond minimum
requirement;
h. Provision of units which low- income and moderate - income families can afford;
i. Provision of solar water heating or equivalent energy savings.
2. The planning commission's evaluation shall be a recommendation to the
council, which may act on conversion projects based on its own findings, within the
numerical limits established under subsection A of this section.
D. Time limits for actions. The results of the planning commission's evaluation shall be
transmitted to the council by April 1st. The council shall approve, approve subject to conditions,
or deny each conversion application by May 1 st. If the applications on file at the end of the filing
period would not exceed the year's limit, they shall be forwarded directly to the council, which
shall act on the applications by April 1 st.
E. Maps. Maps are required by the California Subdivision Map Act need not be prepared
until an application for conversion has been approved. Maps shall be processed as provided in the
city's subdivision regulations set out in Title 16 of this code. The tentative map application shall
be accompanied by the declaration of covenants, conditions and restrictions, articles of
incorporation, bylaws and contracts for the maintenance, management or operation of any part of
the condominium conversion project, which would be applied on behalf of any and all owners of
the condominium units within the project. In addition to the requirements of Civil Code Section
1355 and any requirements which might be imposed by the city consistent with these regulations,
the organizational documents shall include provisions concerning the conveyance of units; the
assignment of parking; an agreement for common area maintenance, including facilities and
landscaping, an estimate of initial fees anticipated for such maintenance, an indication of
responsibilities for maintenance of all utility lines and services for each unit. The covenants,
conditions and restrictions document shall include a
reference to attached, updated property condition report. (Ord. 984 ss 2 (part), 1983: prior code
ss 9853.8)
17.82.130 New project regulations -- Standards to govern.
The standards contained in Section 17.82.140 shall govern new condominium projects.
Ordinance No. 1315 (1996 Series)
Page 8
(Ord. 984 ss 2 (part), 1983: prior code ss 9854)
17.82.140 Property improvement standards for new condominium projects.
A. Private Open Space. There shall be provided with each unit a minimum of two
hundred fifty square feet of qualifying private open space for projects in the R -1 or R -2 zones, and
a minimum of one, hundred square feet for projects in the R -3 or R -4 zones. To qualify, open
space must be private and directly accessible from the unit it serves, and must have a minimum
dimension in every direction often feet for open space provided at ground level or six feet for
open space provided on a balcony or elevated deck, and must be located outside the street yard
required by zoning regulations.
B. Common open space. There shall be provided in each project a minimum of one
hundred square feet of qualifying open space per unit for projects in the R -3 or R -4 zones. To
qualify, open space shall have a minimum dimension in every direction of ten feet for open space
provided at ground level or six feet for open space provided on a balcony or elevated deck, and
must be located outside the street yard required by zoning regulations. Common open space need
not be located with each unit. There is no minimum common open space requirement for projects
in the R -1 and R -2 zones.
C. Total open space. There shall be provided in each project a minimum of one thousand
square feet per unit of qualifying private and common open space for projects in the R -1 zone,
seven hundred fifty square feet per unit for projects in the R -2 zone, and four hundred square feet
per unit for projects in the R -3 or R -4 zones.
D. Common recreation facilities. There shall be provided in each project in the R -3 or R-
4 zones a minimum of twenty square feet per unit of common indoor recreation facilities, or forty
square feet per unit of improved outdoor recreation facilities. Common recreation facilities shall
be available for, and limited to, the use of the project's tenants and their guests. Common
recreation facilities must be located outside the street yard required by zoning regulations.
E. Open space and recreation facilities in nonresidential zones. Requirements for open
space and recreational facilities for projects in nonresidential zones shall be set by the council at
the time the project is reviewed.
F. Storage. Each dwelling unit shall have provision for at least two hundred cubic feet of
enclosed, weatherproof and lockable private storage space, exclusive of cabinets and closets
within the unit. This space shall be for the sole use of the unit owner. The minimum opening
shall be two and one half feet by four feet and the minimum height shall be four feet.
G. Laundry facilities. A laundry area shall be provided in each unit, or in common
laundry space. Common facilities shall consist of at least one washer and dryer for each ten units
or fraction thereof.
H. Energy conservation. Solar water hearing shall be provided for each unit, and
appropriate easements shall be provided for collector locations. The community development
director may waive the requirement for solar water heating in cases where the chief building
official has determined that equivalent energy savings will be obtained by other means. Tenants
shall not be prohibited from installing clotheslines in private open areas which are substantially
screened from common view.
Ordinance No. 1315 (1996 Series)
Page 9
17.82.150 Affordable Housing Requirements.
Developers of condominium conversion projects shall prevent the displacement of low- and /or
moderate income persons by:
1) offering to sell converted units to low- or moderate - income tenants at risk of
displacement, at prices which meet the city's affordable housing standards. This
offer shall run concurrently with the first right of refusal period described in
section 17.82.80 (B) above; or
2) Including affordable rent guarantees, such as deed restrictions, as a condition of
project approval. Such guarantees shall enable low- and moderate - income
households, at their option, to continue renting their unit, after conversion, for a
specified period to be negotiated by the developer and City prior to occupancy, but
not less than three (3) years; or
3) Providing an equivalent number of off -site, affordable housing for the low- or
moderate income households at risk of displacement, either by: a) remodeling or
converting vacant, substandard or non - conforming buildings or uses within the
City; or by: b) building new units within the City. New or remodeled units shall be
comparable in size and amenities to the converted condominium units; or
4) Paying an in -lieu housing fee, to the approval of the City Council.
17.82.160 Exceptions.
Upon request by a subdivider, the council may approve exceptions to property
improvement standards and /or affordable housing requirements for condominium conversion
projects. The nature of the exception shall be described in public notices for council hearing on
the condominium map. The council may act on the request only after a public hearing. In order
to approve an exception for other than the affordable housing requirement, the council must find
that:
A. There are circumstances of the site, such as size, shape or topography, distinct from
land in the same zoning, or compliance would not be practical because of the location or site
design;
B. The variance will not constitute a grant of special privilege; an entitlement inconsistent
with the limitations upon other properties in the vicinity with the same zoning; and
C. No feasible alternative to authorizing the exception would satisfy the intent of the city
policies and regulations. (Ord. 052 ss 2, 1985; Ord. 984 ss 2 (part), 1983: prior code ss 9855)
For exceptions to the affordable housing requirement, the Council must only find that:
D. The project will not materially reduce the City's affordable housing stock and will not
displace low- or moderate- income households.
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Ordinance No. 1315 (1996 Series)
FINALLY PASSED this 3rd day of December, 1996, on motion of Council
Member Williams, seconded by Council Member Smith, and on the following roll call vote:
AYES: Council Members Roalman, Smith and Mayor Settle
NOES: Council Members Romero and Williams
ABSENT: None
ATTEST:
i' EVE
Mayor Allen K. Settle