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HomeMy WebLinkAbout0984a ORDINANCE NO. X984(1983 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO REPEALING ARTICLE IX, CHAPTER 7A, AND ADOPTING ARTICLE IX, CHAPTER 8A OF THE MUNICIPAL CODE, CONDOMINIUM DEVELOPMENT AND CONVERSION REGULATIONS BE IT ORDAINED by the Council of the City of.San Luis Obispo as follows: SECTION 1. Article IX, Chapter 7A of the San Luis Obispo Municipal Code (Sections 9800.1 through 9800.10 inclusive) is hereby repealed. SECTION 2. Article IX, Chapter 8A of the San Luis Obispo Municipal Code is hereby adopted, as follows: 9850 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 aid property improvement standards for condominium projects, both new and converted. W IA r Ordinance No. 984 (1983 Series) Page 2 9851 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 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 condominium, 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).f ire 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 res.l property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real Ordinance No. '984 (1983 Series) Page 3 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. 9852 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 state and local laws and ordinances. ** 9853 Conversion Requirements. The .procedures and standards contained in this section shall govern condominium conversion projects. 9853.1 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, roof; 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 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 therproposed 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. Ordinance No. 984 (1983 Series) Page 4 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. 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; 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.iof the notice of intent to convert as specified in Section 9853.4A. The applicant 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. Ordinance No. 984 (1983 Series) Page 5 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. 9853.2 Acceptance of Report. The Community Development Director shall establish the final form of the reports required by Section 9853.1. Approved reports shall remain on file with the Community Development Department for review by interested persons. 9853.3 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. 9853.4 Tenant provisions. ** A. Notice of Intent to Convert. Applicant shall give each tenant a written notice of intent to convert at least 180 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. Tenants' right to purchase. 5. Statement of no rent increase. ** B. Tenants' right to purchase. Pursuant to Government Code Section 66427.1(d), applicant shall give any present tenant a non - 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 ninety days from the Ordinance No. 984 (1983 Series) Page 6 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 180 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 180 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. 9853.5 Hearing. Prior to acting on applications, Planning Commission 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 least ten days beforehand. 9853.6 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 exist 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. Ordinance No. 984 (1983 Series) Page 7 9853.7 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 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 lock;able.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. Ordinance No. 984(1983 Series) Page 8 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. ** I. Minimum Proiect Size. Condominium conversion shall not be allowed for projects consisting of less than 10 residential units. * *'J. Private Open Space. There shall be provided with each unit a minimum of 250 square feet of qualifying private open space for projects in the R -1 or R -2 zones, and a minimum of 100 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 10' for open space provided at ground level or 6' for open space provided on a balcony or elevated deck, and must be located outside the street yard required by Zoning Regulations. ** K. Common Open Space. There shall be provided in each project a minimum of 100 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 direction of 10' for open space provided at ground level or 6' 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 1000 square feet per unit of qualifying private and common open space for projects in the R -1 zone, 750 square feet per unit for projects in the R -2 zone, and 400 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 20 square feet per unit of common indoor recreation facilities, or 40 square feet per unit of improved outdoor recreation facilities. Ordinance No. 984(1983 Series) Page 9 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 Non - Residential Zones. Requirements for open space and recreational facilities for projects in non - residential zones shall be set by the council at the time the project is reviewed. ** 0. Installation of Clotheslines. Tenants shall not be prohibited from . installing clotheslines in private open areas which are substantially screened from common view. 9853.8 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 through December 31, 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 months of January and February only. No action shall be taken on applications during this period C. Project Ranking. If applications on.f ile at the end of the filing period would when approved convert more dwelling units than allowed under Subsection l above, the Planning Commission shall rank the applications according to the following criteria: 1. The fraction of tenants not objecting to conversion; 2. Time given tenants to relocate, in addition to the minimum requirement;. Ordinance No. 984(1983 Series) Page 10 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. ** 7. Provision of additional open space or recreation facilities beyond minimum requirement. ** 8. Provision of units which low- and moderate income families can afford. ** 9. Provision of solar water heating. 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 numerical limits established under Subsection A 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. 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. 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 Ordinance No. 984(1983 Series) Page 11 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. 9854 New Project Regulations. The standards contained in this section shall govern new condominium proj ectd 9854.1 Property Improvement Standards for New Condominium Projects. ** A. Private Open Space. There shall be provided with each unit a minimum of 250 square feet of qualifying private open space for projects in the R -1 or R -2 zones, and a minimum of 100 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 L-ii dimension in every direction of 10' for open space provided at ground level or 6' for open space provided on a balcony or elevated deck, and must be located outsic'e the street yard required by Zoning Regulations. ** B. Common Open Space. There shall be provided in each project a minimum of 100 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 direction of 10' for open space provided at ground level or 6' for open space provided on a Ordinance No. ;.•984(1983 Series) Page 12 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 1000 square feet per unit of qualifying private and common open._space for projects in the R -1 zone, 750 square feet per unit for projects in the R -2 zone, and 400 square feet per unit for. projects in the R -3 orJR -4 zones. ** D. Oommon Recreation Facilities. There shall be provided in each project in the R -3 or R -4 zones a minimum of 20 square feet per unit of common indoor recreation facilities, or 40 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 Non - Residential Zones. Requirements for open space and recreational facilities for projects in non - residential 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 200 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 therof.. Ordinance No. 984(1983 Series) Page 13 ** H. Energy Conservation. Solar water heating shall be provided for each unit, and appropriate easements shall be provided for collector locations. Tenants shall not be prohibited from installing clotheslines in private open areas which are substantially screened from common view. ** 9855 Variance to Property Improvement Standards. The council may approve variances to property improvement.-standards for new or conversion projects. Requirements for hearings, notice, and findings shall be as provided for variances to Zoning Regulations. SECTION 3. A summary of this ordinance together with the ayes and noes shall be published once in7full, 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 7thday of June , 1983, on motion of Councilman S 1 , seconded by Councilman Griffignd on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None ATTEST: CITY ERK Pame a Vog i vss Ordinance No. 984(1983 Series) Page 14 APPROVED: , La-;4� City Administrat e Officer C' y Attorney Dir for of Community Dev pment ORDINANCE NO. 984 FINALLY PASSED this 5th (1983 Series) day of July , 1983, on motion of Councilman Settle seconded by Councilman Dunin vote: , and on the following roll call AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None -File