HomeMy WebLinkAbout0827ORDINANCE NO. 827 (1979 Series)
AN ORDINANCE OF THE CITY*OF SAN LUIS OBISPO
ESTABLISHING CONDOMINIUM DEVELOPMENT AND
CONVERSION REGULATIONS
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1
9800.1 Purpose and Intent.
Condominiums, community apartments, and stock cooperatives provide for
ownership of separate dwellings, or equity coupled with a right of exclusive occu-
pancy, as well as common areas within multiple - family housing normally managed and
maintained by an owner's association. This mix o.f 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.
9800.2 Definitions.
The following words and phrases shall have the indicated meanings:
Applicant. The owner of real property proposed to be subdivided, or his
authorized representative.
Community apartment. An apartment.development in which an undivided interest
in the land is coupled with the right of exclusive occupancy of an apartment located
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Ordinance No. 827 (197: cries)
thereon. 'For the purposes of this Chapter, community apartments.will be- subject to
the same regulations as condominium projects.
Condominium conversion. The conversion of property from.occupancy under its
existing tenancies or estates to occupancy under condominiums, community apartment
or stock cooperative interests.
Condominium project. 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.
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.
Stock cooperative. 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.
9800.3 Applicability of other laws.
All condominium projects shall be subject to all applicable provisions of
the Subdivision Map Act, Articles VIII and IX of this Code, and all other applicable
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Ordinance No. 827 (1979 Series)
state and local laws and ordinances.
9800.4 Applicatiori 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 roof, windows, mechanical
equipment, appliances which will be sold I 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 variation 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 regis-
tered civil or structural engineer, licensed general contractor, or architect.
2. A report from a licensed pest control operator describing in..
detail the presence and affects 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. Organizational Documents. The application shall be accompanied by
the declaration of covenants; conditions and restrictions, articlesof 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
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Ordinance No. 827 (1979 - series)
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.
C. 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 use for each structure to remain and for each proposed new structure;
areas;
2. The location, use and type of surfacing for all open storage
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.
D. 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 9800.7A. The applicatnt shall submit evidence
that a certified letter of notification was sent to each tenant,.for whom a signed
copy of said notice is not submitted.
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Ordinance No. 827 (1979 r-ries)
E. 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.
9800.5 Acceptance of Report.
The Community Development Director shall establish the final form of the
reports required by Section 9800.4. Approved reports shall remain on file with
the Community Development Department for review by interested persons.
9800.6 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 reports shall be available at the sales office and the project
site.
9800.7 Tenant provisions.
A. Notice of Intent to Convert. Applicant shall give each tenant a written
notice of intent to convert At least 120 days before termination of tenancy due to
conversion. The notice shall contain at least the following:
tenants.
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
4. Tenants' right to purchase.
5. Statement of no rent increase.
B. Tenants' right to purchase. Pursuant to Government Code Section 66427.1.(b),
applicant shall give any present tenant anon- transferable right of first refusal to
purchase the unit occupied at a price no greater than the price offered to the general
public. This right of first refusal shall extend at.least sixty. days from the
date of issuance of the Subdivision Public Report of commencement of sales, whichever
date is later.
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Ordinance No. 827 (197 eries)
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 120. days from the date of .receipt of
notification of intent to convert.
D. No increase in rents. A. tenant's .rent shall not .be. increased during
the 120 day period provided in C above.
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.
F. Hearing. Prior to - acting. on. applications .,:Planning - Commiss ion and City.
.Council. shall-- - each.. hold. _a public hearing, .notice 'of which _shall ' be given- tenants of the
proposed..conversion and posted_ on the property_ at? -a east .ten days :beforehand.
9800.8 Findings.
An application for condominium conversion shall "not be approved unless
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 exists facts adequate to support the findings required
under Sections 66473.5 and 66474 of the Government Code.
D. The proposed conversion will not displace a significant number of
low- income or moderate - income households!or. senior citizens at a time when no
equivalent housing is readily available in the City of San Luis Obispo.
9800.9 Property Improvement Standards.
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. Other projects (new construction)
shall comply with such codes and regulations in effect on the date the building
permit is issued.
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Ordinance No. 827 (1970 -7eries)
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 retained
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 shut -off valves for each unit.
E. Storage. Each dwelling unit shall have provision for at least 200 cubic
feet of enclosed, weather -proof 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-yspace. Common facilities shall consist of at least one washer
and dryer for each ten units of 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, 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 the final map.
9800.10 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
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'Ordinance No. 827 (19" Series)
preceding year. The-number of.multi- family.rental units added.in.one.year shall
be determined as follows: from January l.through.December.31, the'.tota.l.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
months of January and February only. No action shall be taken on applications
during this period.
C. Project ranking. If applications on file at the end of the filing
period would when approved convert more dwelling units than allowed under Subsection 1
above, the Planning Commission shall rank the applications according to the following
criteria:
requirement;
1. The fraction of tenants not objecting to conversion;
2. Time given tenants to relocate, in addition to -the minimum
3. Credit of tenants' rent or deposits toward purchase price;
4. Provision of individual open space with each dwelling;
5. Provision of additional storage space beyond minimum requirement;
6. Provision of additional parking beyond minimum requirement.
The Planning Commission's evaluation shall be a recommendation to the City
Council, which may act on conversion projects based on its own findings, within
the numbrical limits established under Subsection 1 above.
D. Time limits for actions. The results of the Planning Commission',s
evaluation shall be transmitted to the City Council by April 1. The City Council
shall approve, approve subject to conditions, or deny each conversion application
by May 1. 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.
Ordinance No. 827 (197, , pries)
a
E. Maps. Maps as 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. The maps shall reflect
applicable conditions of approval established under this Chapter.
SECTION 2. This Ordinance, together with the ayes and noes, shall be
published once in full, at least three (3) days prior to its final passage in the
Telegram - Tribune, a newspaper published and circulated in said City, and the same
shall go into effect at the expiration of thirty (30) days after its said final
passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo
at a meeting held on the 6th day of November , 1979, on motion of
Councilman Jorgensen , seconded by Councilman Dunin and on the following
roll call vote:
AYES: Councilmembers Jorgensen, Dunin, Bond and Mayor Cooper
NOES: None
ABSENT: Councilwoman Billig
LYNN R.
ATTEST:
CITY CLER . FITZPATRICK
APPROVED:
City Administrative Of fggr
City Attorney
Director o
Communiu4 Development
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ORDINANCE NO. 827
t+
(1979 Series)
FINALLY PASSED this 20th day of November ,
1979., on motion of Councilman Dunin seconded by
Councilwoman Billig , and on the following roll call
vote:
AYES: Councilmembers Dunin, Billig, Bond, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
ATTEST:
City erc J.H. Fitzpatrick